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LAWS    OF   NEW   YORK 


KEIATING  TO 


COMMON"    SCHOOLS, 


COMMENTS  AND  INSTRUCTIONS, 


AND 


A  DIGEST   OF   DEOISIOl^S. 


PREPARED  BY   AND  UNDER  THE   DIRECTION  OP 

VICTOR.  M.   RICE, 

SUPERINTENDENT    OP    PUBLIC    INSTRUCTION. 


ALBANY : 

WEED,  PARSONS  AND  COMPANY. 

18G8. 


THIS  VOIiUME  BELONGS  TO  THE  LIBRARY  OF  THE  SCHOOL  DISTRICT  TO 
WHICH  IT  IS  SENT.  IT  IS  TO  BE  KEPT,  HOWEVER,  IN  THE  CUSTODY  OP  THE 
DISTRICT  CLERK,  AND  DELIVERED  BY  HIM  TO  ANY  TAXABLE  INHABITANT 
OR  VOTER  OF  THE  DISTRICT,  TO  BE  RETAINED  NOT  EXCEEDING  THREE  DAYS ; 
EXCEPT  THAT,  WHEN  ANY  AimUAL,  SPECIAL  OR  ADJOURNED  DISTRICT  MEET- 
ING IS  TO  TAKE  PLACE  WITHIN  FIVE  DAYS,  THIS  BOOK  IS  NOT  TO  BE  DE- 
LIVERED TO  ANY  INHABITANT,  BUT  MUST  BE  RETAINED  BY  THE  CLERK  AND 
PRODUCED  BY  HIM  AT    SUCH   MEETING   FOR   CONSULTATION  BY  THE  VOTERS. 

WHEN  SENT  TO  ANY  SCHOOL  OFFICER,  HE  HOLDS  THE  SAME  ONLY  IN  HI3 
OFFICIAL  CAPACITY,  AND  MUST  DELIVER  IT,  ON  THE  EXPIRATION  OF  HIS 
TERM.  TO  HIS  SUCCESSOR  IN  OFFICE. 


LB 
19  68 


PREFACE. 


The  Legislature  of  1864  directed  the  Superintendent  of  Public 
Instruction  to  cause  the  school  laws  to  be  published,  with  com- 
ments, forms  and  instructions  for  the  information  and  guidance 
of  school  officers  and  the  people  generally,  but  no  appropriation 
was  made  to  pay  the  expense  of  their  publication  until  April, 
1866.  This  omission  on  the  part  of  the  Legislature,  with  a  desire 
on  my  part  that  these  laws  should  be  perfected  in  a  few  important 
details,  and  that  all  the  schools  should  be  free,  before  so  con- 
siderable an  expense  should  be  incurred  for  a  work  intended,  to 
be  a  permanent  guide,  has  delayed  their  publication  until  this 
time. 

The  act  of  1864,  in  which  the  provisions  of  the  school  laws  are 
classified  under  separate  titles  and  articles,  bringing  together  all 
•those  upon  the  saine  subject,  was  an  improvement  upon  any 
former  school  act.  This  volume  contains  that  act,  as  subsequently 
amended,  in  the  same  order  of  titles,  articles  and  sections  which 
it  has  in  the  statute  book.  The  comments,  explanations  and  forms 
will,  therefore,  be  readily  referred  to  and  understood.  An  attempt 
has  been  made  to  compress  them  Avithin  as  brief  a  space  as  was 
consistent  with  full  statement  and  clear  illustration.     It  is  hoped 


rv  Preface. 

that  the  instructions  and  comments  upon  the  duties  of  commis- 
sioners in  relation  to  the  formation  and  alteration  of  districts, 
the  visitation  of  schools,  the  examination  of  teachers,  and 
the  apportionment  of  school  moneys,  will  leave  nothing  to  be 
explained.  Great  care  has  been  taken  to  elucidate,  for  the  benefit 
of  trustees,  the  law  touching  the  valuation  of  property,  the  assess- 
ment and  collection  of  taxes,  and  the  making  out  of  tax  lists  and 
warrants.  The  several  modes  of  acquiring  title  to  school-house 
sites  have  been  explained.  The  manner  of  making  out  the  annual 
reports  is  fully  illustrated.  Appended  to  the  special  act  for  the 
taking  of  land  for  sites,  page  243,  is  an  instructive  essay  upon 
the  history  of  our  laws  relating  to  real  estate,  and  the  origin  and 
extent  of  the  principle  of  eminent  domain. 

Laws  about  the  taxation  of  banking  corporations,  all  the  Normal 
school  acts,  and  several  other  statutes  affecting  the  common  schools, 
are  included  in  this  volume. 

The  digest  of  decisions  of  the  Department  of  Public  Instruction 
lias  been  increased  by  many  new  cases.  Obsolete  decisions  have 
been  omitted.  All  have  been  collated  and  classified  under  appro- 
priate heads.  A  digest  of  the  decisions  of  our  Supreme  Court 
and  Court  of  Appeals,  pertaining  to  the  School  Laws,  has  been 
added. 

An  alphabetical  list  of  all  the  laws  relating  to  schools  has  been 
prepared  and  inserted. 

A  table  of  contents,  with  a  concise  abstract  of  every  section  of 
the  School  law,  and  a  reference  to  the  page  where  it  may  be 
found,  precedes  the  act. 

An  index,  complete  in  its  reference  to  every  important  matter 
contained  in  the  volume,  and  not  so  minute  as  to  be  confusing  and 
tedious  to  the  examiner,  concludes  the  volume. 


Preface.  v 

A.  G.  Johnson,  Esq.,  has  assisted  in  the  preparation  of  this 

work.    His  familiarity  with  school  laws  and  the  history  of  the 

school  policy  of  the  State,  and  his  legal  ability,  have  enabled  him 

thus  to  render  to  me  and  the  public  an  important  service,  for 

which  I  desire  to  give  him  credit. 

V.  M.  R. 


TABLE   OF  CONTENTS 


GENERAL    SCHOOL    LAW, 


titl'e  I. 

BKCTION.  PAGE. 

Of  the  Superintendent  of  Public  Instruction,  his  election  and  his 

general  powers  and  duties, 1 

1.  Of  the  election  of  Superintendent  and  his  term  of  office, 1 

2.  Of  the  deputy  superintendent, 3 

3.  Office  to  be  in  State  Hall, 3 

4.  Of  the  salary  of  the  Superintendent, 3 

5.  Of  the  clerks  and  their  compensation, 3 

6.  Of  the  seal  of  office,  and  of  the  authentication  of  papers, 3 

7.  Trustee,  ex  officio,  of  various  institutions, 4 

8.  Of  his  duties  in  relation  to  institution  for  deaf  and  dumb, 4 

9.  Of  the  selection  of  pupils  for  institutions  for  deaf  and  dumb,  and  for 

the  blind, 5 

10.  Of  the  support  of  pupils  in  said  institutions,  5 

11.  Of  forms  and  regulations  for  selecting  pupils, 6 

12.  Of  visitors  to  ex^ine  common  schools, 14 

13.  Of  his  visitation  of  common  schools, 15 

14.  Of  his  annual  report  to  the  Legislature, , "15 

15.  Of  granting  certificates  and  licenses  to  teach, 15 

16.  Of  the  annulment  of  certificates, 16 

17.  Of  the  record  of  certificates  granted  and  annulled, 16 

18.  Of  the  removal  from  office  of  school  officers, 16 

19.  Of  preparing  forms  and  blanks,  and  of  issuing  instructions  ibr  the 

business  of  the  school  officers, 18 

TITLE  II. 

Of  the  school  commissioners,  their  election,  powers  and  duties, 18 

1.  The  office  continued 18 

2.  Of  the  school  commissioner  districts, 18 

3.  Of  the  election  of  school  commissioners 18 


vin  Contents. 

BKCnON.  PAOK. 

4.  Of  his  term  of  office  and  of  vacancies, 19 

5.  Of  resignations  and  how  the  office  shall  be  vacated, 20 

6.  Of  the  filling  of  vacancies, 20 

7.  Of  his  salary  from  United  States  deposit  fund, 20 

8.  Of  salary  from  board  of  supervisors, 20 

9.  Of  expenses,  how  audited  and  paid, 20 

10.  Of  removal  from  office  for  cause, 21 

11.  Of  commissioner  doing  duty  in  adjoining  district, 21 

12.  Commissioner  not  to  act  as  book  agent, 21 

13.  Of  his  general  powers  and  duties, 22 

14.  Of  his  taking  affidavits  and  reporting  testimony, 38 

15.  Of  his  duties,  subject  to  Superintendent  of  Public  Instruction, 39 

TITLE   III. 
Of  the  State  and  other  school  moneys,  their  apportionment  and  dis- 
tribution, and,  herein,  of  trusts  and  gifts  for  the  benefit  of  common 

schools, 40 

FIRST  ARTICLE. 
Of  the  State  school  moneys,  and  their  apportionment  by  the  Superin- 
tendent of  Public  Instruction,  and  payment  to  the  county  and  city 

treasurers,  40 

1.  State  tax  of  one  and  one-fourth  mills, 40 

2.  Tax  for  must  be  levied, 41 

3.  Moneys,  how  paid  in  and  drawn  out 41 

4.  Comptroller  to  withhold  moneys  from  any  county  \mtil  tax  is  raised 

and  paid  over, 41 

5.  What  are  State  school  moneys, 41 

6.  Apportionment  by  State  Superintendent,  42 

7.  The  district  quotas,  how  apportioned, 43 

8.  The  two-thirds  apportioned  according  to  population,  ^ 45 

9.  Apportionment  to  separate  neighborhoods, 46 

1(T.  Omissions,  how  corrected  and  made  up 46 

11.  Excessive  apportionment,  how  corrected, 46 

12.  Deficiencies,  how  made  good, 47 

13.  Apportionment,  to  whom  certified, 48 

14.  Moneys,  when  payable, 48 

SECOND  ARTICLE. 
Of  trusts  for  the  benefit  of  common  schools,  and  of  town  school  funds, 

fines,  penalties,  and  other  moneys  held  or  given  for  their  benefit, . .  48 

15.  Property  that  may  be  granted,  and  to  whom, 48 

16.  Grants  not  void  for  want  of  a  competent  trustee, 48 

17.  The  control  and  regulation  of  trusts, 49 

18.  Reports  of  condition  of  trusts 49 

19.  Supervisor's  report  of  town  funds, 49 


Contents,  ix 

SECTION.  PAOB. 

20.  Supervisor's  report  of  "  poor  money," 49 

21.  Report  of  Superintendent  of  Public  Instruction  concerning  trust  funds,  50 

22.  Fines  and  penalties,  how  paid,  collected  and  reported, 50 

23.  District  attorneys'  report  of  prosecutions,  and  of  fines  and  penalties 

collected, 53 

24.  Rnes  and  penalties  for  districts,  towns  or  cities,  how  credited, 53 

25.  How  credited  when  district  lies  in  two  or  more  towns, 53 

26.  Penalty  for  embezzlement  of  moneys  by  officers, 53 

THIRD  ARTICLE. 

Of  the  apportionment  of  the  State  school  moneys,  and  of  other  school 
moneys,  by  the  school   commissioners,  and  their  payment  to  the 

supervisors, 54 

87,  sub.  1.  Library  moneys  set  apart, 54 

"      2.  District  quotas, 54 

"      3.  Unexpended  moneys  in  hands  of  supervisors, 54 

"      4.  Fines  and  penalties  in  hands  of  county  treasurers, 54 

"      5.  Library  moneys  to  joint  districts, 54 

"      6.  Limitation  applicable  to  last  subdivision, 55 

"      7.  Apportionment  according  to  average  attendance, 55 

"      8.  Moneys  set  apart  to  districts  and  neighborhoods, 55 

"      9.  Certificates  of  apportionment,  how  made,  signed,  and  to  whom 

transmitted, 55 

"    10.  Certified  statement  to  supervisors, 55 

28.  Errors,  how  corrected, 63 

29.  Wliat  districts  forfeit  apportionment, 63 

30.  Supervisors  to  make  copy  of  certificate,  and  file  original  with  town 

clerks, 63 

31.  Supervisors  to  give  bonds, 63 

33.  Penalty  for  refusal  to  give  bonds, ; . .  64 

TITLE  IV. 
Of  the  disbursement  of  the  school  moneys  by  the  supervisors,  and  of 

some  of  their  special  powers,  duties  and  liabilities  under  this  act, . ,  64 

1.  Supervisors  have  charge  of  gospel  and  school  funds, 64 

2.  Supervisors  have  custody  of  certain  poor  funds, 66 

3.  Penalty  for  embezzlement, 67 

4.  Supervisors'  return  to  county  treasurers, 68 

5.  Penalty  for  neglect  to  make  return, 68 

6.  sub.  1.  Supervisors  to  disburse  library  moneys  and  moneys  applicable 

to  teachers'  wages,  on  written  orders  of  trustees, 68 

"      2.  Other  library  moneys,  on  similar  orders,  for  books,  maps,  etc.,  68 

"      3.  Moneys  for  union  free  school  district, 68 

"      4.  A  just  and  true  account  to  be  kept, 68 

"     5.  Blank  book  for  keeping  accoimts, 69 

n 


X  Contents. 

BBCnON.  PAOE. 

6,  sub.  6.  To  make  final  account  within  fifteen  days, 69 

"      7.  When  to  demand  moneys  of  predecessor, 69 

"      8.  When  to  pay  over  moneys  to  successors, 69 

"      9.  To  sue  for  fines  and  penalties, 69 

"    10.  To  act  in  the  alteration  of  school  districts, 69 

TITLE  V. 

Of  the  duties  of  the  town  clerk  under  this  act, 73 

1,  sub.  1.  Carefully  to  keep  books,  maps,  etc., 72 

"      2.  To  file  certificates  of  apportionment, 73 

"      3.  To  notify  trustees  of  such  filing, 72 

"      4.  To  obtain  annual  reports  of  trustees,  and  give  to  school  com- 
missioners their  names  and  post-office  address, 73 

"      5.  To  distribute  blanks  and  circulars, 72 

"      6.  To  record  supervisor's  annual  account, 72 

"      7.  To  record  supervisor's  final  account, *. 72 

"      8.  To  record  certificate  of  treasurer  that  supervisor  has  executed 

bond 72 

"      9.  To  record  description  of  school  districts, , 73 

"    10.  To  act  in  alteration  of  school  districts, 73 

"    11.  To  preserve  books  and  records  of  dissolved  districts, 73 

"    12.  Other  duties, 73 

3.  His  expenses  a  town  charge, 73 

TITLE  VI. 
Of  the  formation,  dissolution  and  alteration  of   school  districts  and 

separate  neighborhoods,    75 

1.  sub.  1.  School  commissioners  form  districts, 75 

"      2.  Set  off  joint  districts, 75 

"      3.  Set  off  separate  neigliborhoods, 75 

"      4.  Description  and  numbering  of  districts, 75 

"      5.  To  deliver  description  to  town  clerk, 75 

2.  Alteration  of  districts  with  consent  of  trustees, 83 

3.  Order,  when  trustees  refuse  their  consent 84 

4.  Notice  of  such  order  to  trustees,  and  request  to  supervisor  and  town 

clerk  to  be  associated  with  commissioner, 84 

5.  Pay  for  services  of  town  clerk  and  supervisor 88 

6.  Formation  of  districts  out  of  parts  of  two  or  more  school  commissioners' 

districts, 88 

7.  Joint  meeting  of  commissioners 89 

8.  Rights  of  property  of  consolidated  district, 89 

9.  Sale  of  property  of  dissolved  district 89 

10.  Debts  duo  dissolved  district,  how  collected 91 

11.  Dissolved  district  to  be  deemed  in  existence  until  all  business^  affairs 

are  settled 93 


Contents.  xi 

BECTIOK.  PAGE. 

12.  Books,  papers  aad  vouclicrs  of  dissolved  district  to  be  deposited  wth 

town  clerk, 93 

TITLE  VII. 
Of  school  district  and  neigliborbood  meetings,  and   of  the    choice, 

duties  and  powers  of  school  district  and  neighborhood  officers,  ....  92 

FIRST   ARTICLE. 
Of  school  district  and  neighborhood  meetings,  the  voters  and  their 

powers  generally,    93 

1.  Notice  of  formation  of  district,  and  calling  of  first  meeting, 93 

3.  Inhabitants,  how  notified, 94 

3.  Second  notice,  if  there  is  failure  to  hold  first, 95 

4.  Commissioner  may  give  notice  of  meeting,  when  all  the  officers  have 

removed  therefrom, 95 

5.  Penalty  for  neglecting  to  serve  notice, .• 95 

6.  Special  meetings,  how  called  and  noticed, 96 

7.  Proceedings  not  illegal  for  want  of  notice  to  all  the  inhabitants  entitled 

to  vote, 96 

8.  Annual  neighborhood  meetings  to  be  held  second  Tuesday  of  October,  97 

9.  Annual  district  meetings  to  be  held  second  Tuesday  of  October, 97 

10.  If  annual  meeiing  be  not  held,  and  if  within  twenty  days  a  special 

meeting  be  not  called,  the  supervisor  or  Superintendent  of  Public 

Instruction  may  call  meeting, 97 

11.  Duties  of  inhabitants  to  attend  meeting, 98 

12.  Qualifications  of  voters, 98 

13.  Oath  of  person  challenged, 103 

14.  Penalty  for  taking  false  oath, 103 

15.  Meetings  in  separate  neighborhoods, 104 

10.  sub.  1.  Inhabitants  in  district  meeting  may  appoint  a  chairman, 104 

"      3.  May  appoint  clerk  pro  tempore, 104 

"      3.  May  adjourn  from  time  to  time, 104 

"      4.  May  choose  one  or  three  trustees,  clerk,  collector  and  librarian,  104 

"      5.  May  fix  amoimt  of  collector's  bond,  104 

"      6.  May  designate  site  of  school-house, 104 

"      7.  May  vote  taxes  to  buy  or  lease  sites  to  build  and  repair  houses,  104 

"      8.  May  vote  $25  a  year  to  buy  maps,  etc., 104 

"      9.  May  vote  $10  a  year  for  district  library, 104 

"    10.  May  vote  tax  to  make  up  deficiency  in  former  taxes, 105 

"    11.  May  authorize  house  to  be  insured, 105 

"    12.  May  alter,  repeal  or  modify  proceedings, 105 

"    13.  May  vote  a  tax  to  buy  a  book  to  record  their  proceedings, 105 

"    14.  May  vote  taxes  to  replace  moneys  lost  or  embezzled,  to  pay 

reasonable  costs,  expenses  of  officers  in  suits  or  proceedings.  105 
"    15.  May  vote  $25  to  meet  anticipated  deficiencies,  or  wages  of 

teachers, 105 


xn  Contents, 

SHCTION.  PASB. 

16.  Bub.  16.  May  vote  tax  to  pay  teacliers'  wages,  after  the  application  of 

public  money ;  but  if  such  tax  is  not  voted  the  trustees  may 
levy  a  tax  for  whatever  is  due, 118 

SECOND  ARTICLE. 

Of  district  school-houses  and  sites, 121 

17.  School-house  must  not  be  built  upon  division  lines  of  towns,     131 

18.  Tax  for  building,  hiring  or  purchasing  school-house  exceeding  $1,000,.  121 

19.  Tax  for  building  may  be  raised  by  installments, 121 

20.  Change  of  site, 122 

21.  Sale  of  old  site  and  disposal  of  proceeds, 123 

22.  Proceeds  of  sale,  how  applied, 124 

THIRD  ARTICLE. 

Of  the  qualification,  election,  choice  and   terms  of  office  of  district 
and  neighborhood  officers,  and  of  vacancies  in  such  offices, 125 

23.  Eligibility  of  district  officers, 135 

34.  Residence  of  officers, 125 

25.  Terms  of  office 125 

26.  When  terms  shall  expire, 126 

27.  First  annual  meeting.     Sole  trustee,  or  three  trustees, 126 

28.  Notice  to  persons  elected  to  office, 126 

29.  Collector  not  giving  bond  vacates  his  office, 127 

30.  Vacancy  in  office  of  trustees,  how  filled, 127 

31.  Trustee  refusing  to  serve,  vacates  his  office, 127 

32.  Trustees  may  fill  vacancy  in  office  of  clerk,  collector,  or  librarian, 127 

33.  Appointments  to  fill  vacancies,  filing  notice  of, 128 

34.  Penalties  for  refusal  to  serve, 138 

35.  Resignation  accepted  by  supervisors, 128 

FOURTH  ARTICLE, 

Of  the  duties  of  the  neighborhood  clerk,  and  of   the  district  clerk 
and  librarian, 129 

86.  Record  of  proceedings  of  neighborhood, 129 

87.  Bub.  1.  Clerk  to  record  proceedings, 129 

"      2.  Notice  of  meetings, 129 

"      3.  Notice  in  writing  in  case  of  adjournment  for  more  than  a  month,  129 

"      4.  Notice  of  annual  meeting 129 

"      5.  Notice  to  persons  appointed  or  elected  to  office,  and  post-office 

address  of  district  officers 139 

"      6.  Notice  of  resignation  to  supervisors, 129 

"      7.  Preservation  of  record  and  penalty  for  neglect, 129 

"      8.  Books  and  papers  of  dissolved  districts 129 

9.  To  attend  meetings  of  trustees, 130 

"    10.  When  to  call  special  meetings, 130 

38.  Librarian  has  charge  of  library, 13f* 


Contents.  xiii 

BECnON.  PAGE. 

FIFTH  ARTICLE. 

Of  the  pupils  and  teachers, 131 

39.  Common  schools  free.     Non-residents, 131 

40.  Indian  children  not  admitted 132 

41.  Qualifications  of  teacher, 132 

42.  School  moneys  cannot  be  paid  to  unqualified  teacher 133 

43.  Penalty  for  paying  school  moneys  to  unqualified  teacher, 133 

44.  Teachers  must  keep  accounts  and  school  lists 133 

SIXTH  AETICLE. 

Of    the  trustees,  their   powers   and   duties ;   and,  herein,  of   school 

taxes,  and  annual  reports,  134 

45.  District  property  vested  in  trustees 134 

46.  Powers  of  a  sole  trustee, 134 

47.  Board  of  trustees,  how  to  act, 134 

48.  Powers  of  trustees,  when  there  is  one  and  when  two  vacancies, 135 

49.  sub.  1.  Calling  of  special  meetings, 135 

"    2.  Notices  of  meetings, 135 

"    3.  Making  out  tax  lists, ' 136 

"    4.  Annexing  warrant  to  tax  list, 136 

"    5.  Purchasing  of  sites,  and  building ;  leasing  and  hiring  of  school- 
houses, 136 

"    6.  Custody  of  school  property, 136 

"    7.  Insurance  of  school  property, 136 

"    8.  Insurance  of  library, 136 

"    9.  Employment  of  teachers, 136 

"  10.  Payment  of  teachers, 136 

"  11.  Division  of  school  money  for  the  terms  of  school, 137 

"  12.  Library  money  less  than  $3, 137 

"  13.  Orders  on  supervisors  for  school  and  library  moneys, 137 

"  14.  Tax  for  residue  of  teachers'  wages,  after  the  application  of 

public  moneys,     137 

50.  Repairing  school-house,  abating  nuisances,  providing  furniture,  etc., 

and  hiring  temporary  rooms, 146 

51.  Taxes  for  expenses,  or  charges  authorized  by  law,  or  by  vote  of  the 

district 147 

52.  Use  of  school-house  by  persons  assembling  for  education,  learning,  or 

music, 148 

53.  Blank-books  for  accounts  and  for  teachers'  lists, 148 

54.  If  supervisor  do  not  pay  over  moneys  apportioned  to  district,  to  give 

notice  to  county  treasurer  and  to  Superintendent  Public  Instruction,  150 

55.  Account  rendered  to  district  meeting, 1.50 

50.  Outgoing  trustee  to  pay  moneys  to  successor, 150 

57.  Penalty  for  neglect  or  refusal  so  to  pay, 150 

58.  Penalty  for  willful  neglect  or  refusal, 151 


xrv  Contents. 

SECTION.  PASS. 

59.  Suits  for  moneys  in  hands  of  former  trustees, 151 

60.  Annual  report  to  school  commissioner 151 

61.  What  shall  be  included  in  annual  reports, 152 

62.  Reports  of  joint  districts, 152 

63.  Reports  of  separate  neighborhood, 152 

64.  Penalty  for  making  false  reports, 152 

SEVENTH  ARTICLE. 

Of  the  assessment  of  district  taxes,  and  the  collection  of  such  taxes ; 
and,  herein,  of  the  collector,  his  powers,  duties  and  liabilities, 166 

65.  Making  out  of  tax  lists 166 

66.  What  property  shall  be  included  in  tax  list, 169 

67.  Valuation,  how  ascertained, 178 

68.  Proceedings  when  reduction  is  claimed, 180 

69.  Equalization  of  property  lying  partly  in  two  or  more  towns, 183 

70.  Persons  working  land  to  be  deemed  possessors, 184 

71.  Persons  owning  or  holding  property  in  a  district,  improving  it  by 

servant  or  agent,  to  be  deemed  taxable  inhabitants, 185 

72.  When  tenants  may  charge  owners  of  land  with  tax, 185 

73.  When  a  man  is  exempt  from  tax  for  building  school-house, 186 

74.  Non-resident  land,  how  assessed  and  taxed, 186 

75.  If  non-resident  tax  is  unpaid,  how  returned, 187 

76.  Trustees  to  transmit  account  to  county  treasurer, 189 

77.  Treasurer  to  pay  the  amount, .  189 

78.  Board  of  supervisors  to  impose  tax  on  persons  and  property  liable, 192 

79.  Person  liable  for  tax,  when  he  may  pay, 190 

80.  Proceedings  of  board  of  supervisors, 190 

81.  Warrant  for  collection  of  tax, 191 

82.  Warrant,  when  to  be  delivered  to  collector, 193 

83.  Collector's  bond, 193 

84.  Collector  to  receive  payment  for  two  weeks, 194 

85.  Collector's  jurisdiction, 195 

86.  Renewal  of  warrant  by  trustees, 195 

87.  Errors  in  tax  list,  how  amended, 196 

88.  Collector  to  have  custody  of  moneys,  and  to  report  to  annual  meeting,  197 

89.  Collector's  liability, 198 

90.  Remedy  of  trustees  for  forfeitures  of  bond, 198 

TITLE  VIII. 

Of  school  district  libraries  and  the  application  of  library  moneys, 199 

1.  Districts  may  raise  tax  of  $10, 199 

2.  Library  money,  $55,000,  how  apjilied, 200 

3.  When  it  may  be  used  for  purchasing  aiijjaratus,  &c 201 

4.  When  the  district's  share  is  less  tlian  $3,  it  may  be  used  for  teachers' 

wages, 202 


Contents.  xv 

BECnoiC.  PAGB. 

5.  Trustees  to  be  in  charge  of  library, 203 

6.  Liability  of  trustees  for  lost  books, 203 

7.  Moneys  and  fines  recovered,  how  applied, 203 

8.  Adjoining  districts  may  unite  libraries, 203 

9.  Agreement  to  unite,  how  terminated, 204 

10.  Property,  how  distributed  after  dissolution  of  agreement, 204 

11.  Regulations  for  libraries, 205 

12.  Report  by  trustees  to  Superintendent  of  Public  Instruction  of  the  condi- 

tion of  library, 210 

13.  Penalty  for  neglecting  or  refusing  to  report ■ 210 

14.  Superintendent  may  select  books  for  district  libraries  at  request  of 

trustees, 211 

15.  Repeal  of  act  of  April  12,  1856, 311 

TITLE  IX. 

Of  union  free  schools, 211 

1.  Petition  to  call  meeting, 211 

2.  Notices,  how  given  and  posted, 313 

3.  Expenses,  how  paid, 313 

4.  When  trustees  must  call  meeting, 213 

5.  Organization  of  meeting  and  election  of  officers, 314 

6.  Board  of  education  within  the  limits  of  incorporated  city  or  village,.. .  216 

7.  Powers  of  board, 216 

8.  The  raising  of  taxes, 217 

9.  Duties  of  board  in  case  corporate  authorities  refuse  to  provide  for 

expenses, 217 

10.  Powers  of  voters  in  districts  not  within  corporate  limits, 318 

11.  Schools  to  be  free, 319 

13.  Union  districts  to  be  deemed  school  districts  for  the  purposes  of  appor- 
tionment and  distribution  of  school  moneys, 219 

13.  General  powers  of  board  of  education  in  cities  and  villages, 319 

14.  Powers  of  board  in  other  districts, 330 

15.  Statement  in  writing  of  moneys  wanted, 231 

16.  Vote  to  be  taken  on  raising  money, 321 

17.  Disputed  questions,  how  settled, 331 

18.  Visitation  of  schools, 331 

19.  Meetings  of  board, 331 

20.  Expenilitures,  how  made  by  board, 233 

21.  Moneys,  how  to  be  kept  and  paid  out  in  cities  and  villages 223 

23.  Moneys,  how  to  be  kept  and  paid  out  in  other  districts, 233 

23.  Academical  departments 233 

24.  Academies  may  become  departments  in  union  free  school  districts,  . . .  223 

25.  Subject  to  visitation  of  Superintendent  of  Public  Instruction, 223 

26.  Superintendent  may  remove  members  of  board  for  cause, 224 

27.  To  what  schools  tliis  title  applicable, 224 


XVI  Contents. 

SECTION.  PAGE. 

TITLE  X. 

Of  schools  for  colored  children, 224 

1.  Organized  in  cities, 224 

2.  Organization  in  union  school  districts, 225 

3.  Teachers  of, 225 

4.  Eepeal  of  §  147,  chap.  480,  Laws  of  1847, 225 

TITLE  XL 
Of  teachers'  institutes, 225 

1.  How  to  be  organized, 225 

2.  Notice  of  holding  institute, 225 

3.  Advice  of  Superintendent  of  Public  Instruction, 225 

4.  Regulations  to  govern, 226 

5.  Time  of  teachers  attending  to  be  allowed, 226 

6.  Expenses  of  institute,  how  paid 227 

7.  School  commissioner's  report  of  holding, 227 

TITLE  XIL 

Of  appeals  to  the  Superintendent  of  Public  Instruction, 229 

1.  On  what  grounds  appeals  may  be  brought, 229 

2.  Powers  of  Superintendent, 229 

3.  Record  of  appeals  and  rules  for 229 

TITLE  XIIL 

Miscellaneous  provisions, 234 

1.  Lost  school  moneys,  how  recovered, 234 

2.  Penalties,  how  sued  for, 234 

3.  Penalty  for  disturbing  school  and  district  meetings, 234 

4.  Comi)laint  of  and  trial  for 235 

5.  Punishment  of  persons  found  guilty, 235 

0.  Actions  against  school  officers 235 

7.  Costs  and  expenses  of  school  officers, 236 

8.  Meetings  to  vote  payments  of  costs,  charges  and  expenses, 236 

9.  Appeal  to  county  judge, 236 

10.  Duty  of  county  judge, 237 

11.  Trustees  to  levy  tax  for  amount  ordered  to  be  paid, 237 

12.  Support  of  Indian  schools, 238 

18.  Publication  of  school  laws 239 

14.  General  repealing  clause 239 

Rate  bills  abolished.  Section  26,  chap.  406,  Laws  of  1807 240 

School  tax  of  one  and  one-fourth  mills  upon  the  dollar.  Section  25,  chap. 

406,  Laws  of  1867, 240 

Directions  about  city  taxation  for  local  purposes.    Section  27,  chap.  406, 

Laws  of  1807. 243 


STATUTES  RELATMG  TO  COMMOl^  SCHOOLS. 


CHAP*.  555. 


AN  ACT  to  revise  and  consolidate  the  General  Acts  relating  to 
Public  Instruction,  as  amended  by  subsequent  statutes. 

Passed  May  2,  1864,  tliree-fiftlis  being  present. 

The  People  of  the  State  of  I^ew  York,  represented  m  Senate  and 
Assembly,  do  enact  as  follows: 

TITLE  I. 

OF  THE   SUPEPJXTEXDEXT   OF   PUBLIC    I^fSTnUCTIOX,   IDS    ELECTION 
AXD    GEXEP.AL   POWERS    AND   DUTIES. 

Section-  1.  The  office  of  State  Superintendent  of  Public  Instruc- 
tion is  continued,  and  the  term  of  said  office  shall  be  three  years, 
commencing  on  a  day  after  an  election  thereto,  and  continuing 
until  a  successor  shall  liave  been  dul}^  elected.  Such  Superintend- 
ent shall  be  elected  by  joint  ballot  of  tlie  Senate  and  Assembly,  on 
the  first  Tuesday  of  April,  one  thousand  eight  hundred  and  sixty- 
five,  and  on  the  first  Tuesday  of  April  next  after  the  occurrence 
of  any  vacancy  in  the  office. 

The  first  section  of  the  "  act  for  the  establishment  of  coniraon  schools,"  passed 
June  19,  1813,  provided  for  the  appointment  of  an  officer,  to  be  styled  the 
Superintendent  of  Common  Schools,  with  a  salary  of  $300  a  year.  On  the  14th 
of  January,  1813,  the  Council  of  Appointment  appointed  Gideon  Hawley,  of 
Saratojra  county,  Superintendent  of  Common  Schools.  He  held  the  office  until 
February  22,  1821,  when  Welcome  Esleeck,  of  Albany,  was  appointed.  But  the 
Leo-islatutc,  by  a  clause  in  the  supply  bill,  April  3,  1821,  abolished  the  ofiice, 
and  devolved  its  duties  upon  the  Secretary  of  State,  wliich  officer  continued  to 
be,  C.C  ojjido,  Superiutendeut  of  Common  Schools  until  April  4,  1851,  when  the 


2  Superintendent  op  Public  Instruction. 

first  Superintendent  of  Public  Instruction  was  elected,  under  tlie  act  of  March 
30,  1854. 

The  office  was  administered  by  John  Van  Ness  Yates  from  April  3,  1821» 
until  February  14, 1826,  he  ha\-ing  lieen  re-appointed  by  the  Legislature,  under 
the  Constitution  of  1821,  on  the  13th  February,  1823.  He  was  superseded  Feb 
ruary  14,  1826,  by  Azariah  C.  Flagg. 

Azariah  C.  Flagg  administered  the  office  imtil  February  1, 1833  ;  John  A.  Dix 
administered  the  office  until  February  4,  1839  ;  John  C.  Spencer  administered 
the  office  until  October  11,  1841 ;  Samuel  S.  Randall,  deputy,  administered  the 
office  until  February  7,  1842 ;  Samuel  Young  administered  the  office  until 
February  3, 1845  ;  Nathaniel  S.  Benton  administered  the  office  until  December 
31, 1847  ;  Christopher  Morgan  administered  the  office  until  December  31, 1851  ; 
Henry  S.  Randall  administered  the  office  until  December  31,  1853 ;  Elias  W. 
Leavenworth  administered  the  office  until  April  8, 1854  ;  Victor  M.  Rice,  Super- 
intendent of  Public  Instruction,  administered  the  office  until  April  7,  1857 ; 
Henry  H.  Van  Dyck,  Superintendent  of  Public  Instruction,  administered  the 
office  until  April  19,  1861 ;  Emerson  W.  Keyes,  Acting  Superintendent  of 
Public  Instruction,  administered  the  office  until  February  1,  1862.  Victor  M. 
Rice  was  elected  Superintendent  of  Public  Instruction  February  1,  1862,  and 
re-elected  April  4,  1865. 

§  2.  lie  shall  appoint  a  deputy;  and,  in  case  of  a  vacancy  in  the 
office  of  Superintendent,  the  depiity  may  perform  all  the  duties  of 
the  office  until  the  day  after  the  day  hereinbefore  fixed  for  an 
election  by  the  Senate  and  Assembly.  In  case  the  office  of  both 
Superintendent  and  deputy  shall  be  vacant,  the  Governor  shall  ap- 
point some  person  to  fill  the  office,  until  the  Superintendent  shall 
be  elected  and  assume  it. 

The  business  of  the  Superintendent  of  Common  Schools  was  done  by  that 
officer  without  an  assistant  or  clerk,  until  the  duties  were  imposed  upon 
the  Secretary  of  State.  After  that  time  the  work  was  chiefly  perfonned  by 
a  clerk.  In  1841  the  Legislature  authorized  the  appointment  of  a  general 
deputy  superintendent  of  common  schools,  and  Samuel  S.  Randall,  who,  as 
clerk  under  Mr.  Dix,  had  for  many  years  had  charge  of  the  school  department , 
was  sworn-  in  as  general  deputy,  July  12,  by  John  C.  Spencer.  He  acted  as 
Superintendent  from  October  11,  1841,  until  February  7,  1842,  Mr.  Spencer 
having  resigned  Ills  office  and  accepted  from  President  John  Tyler  the  position 
of  Secretary  of  War.  He  continued  in  the  office  as  deputy  until  October  1, 
1846,  when  Samuel  L.  Holmes  was  appointed  in  his  place.  Alexander  0.  John- 
son was  appointed  in  place  of  Mr.  Holmes,  February  1,  1848.  On  thp  8th  De- 
cember, 1849,  Mr.  Johnson  having  been  made  deputy  secretary  of  state,  Jlr.  S. 
S.  Randall  again  became  deputy  superintendent.  January  1,  1852,  Henry  W. 
Johnson  was  appointed  in  place  of  Mr.  Randall,  who  was  again  appointed  Jan- 
uary 2, 1854,  and  held  the  office  until  the  Department  of  Public  Instruction  was 


Powers  axd  Duties  or  Superintendent.  3 

created,  and  Mr.  Rice  assumed  the  office,  April  8,  1854.  He  was  appointed 
dejiuty  superintendent  of  public  instruction  by  Mr.  Rice,  and  served  until  he 
accepted  the  office  of  superintendent  of  common  schools,  in  the  city  of  New 
York.  Joseph  J.  Cliambers  was  appointed  in  his  place,  June  14,  1854,  but  was 
succeeded  by  Erasmus  Peshine  Smith,  December  26,  1854.  Mr.  Smith  was 
succeeded  by  Emerson  W.  Keyes,  who  held  the  office  until  August  19,  1865, 
when  Samuel  D.  Barr  was  appointed  in  his  place. 

§  3.  The  Superintendent's  office  sliall  continue  to  be  in  the  State 
Hall,  and  maintained  at  the  expense  of  the  State. 

§  4.  His  salary  shall  be  two  thousand  five  hundred  dollars  a 
year,  payable  quarterly,  by  the  Treasurer,  on  the  warrant  of  the 
Comptroller. 

§  5.  He  may  appoint  so  many  clerks  as  he  may  deem  neces- 
sary; but  the  compensation  of  such  clerks  shall  not  exceed  in  the 
aggregate  the  sum  of  five  thousand  dollars  in  any  one  year,  and 
shall  be  payable  monthly  by  the  Treasui-er,  on  the  warrant  of  the 
Comptroller  and  the  certificate  of  the  Superintendent.* 

§  6,  The  seal  of  the  Superintendent,  of  which  a  description  and 
impression  are  now  on  file  in  the  office  of  the  Secretary  of  State, 
shall  continue  to  be  his  official  seal,  and,  when  necessary,  may  be 
renewed  from  time  to  time.  Copies  of  all  papers  deposited  or  filed 
in  the  Superintendent's  office,  and  of  all  acts,  orders  and  decisions 
made  by  him,  and  of  the  drafts  or  machine  copies  of  his  official 
letters,  may  be  authenticated  nnder  the  said  seal,  and,  when  so 
authenticated,  shall  be  evidence  equally  with  and  in  like  manner 
as  the  originals. 

Chapter  129  of  the  Laws  of  1838  pro%'ides  that  no  "  record,  whereof  a  tran- 
script duly  certified  may  by  law  be  read  in  evidence,  sliall  be  removed  by  vir- 
tue of  any  subpoena  duces  tecum  from  the  proper  office  in  which  such  record 
shall  be  kept,  *  *  »  *  unless  by  order  of  some  court  of  record, 
made  in  open  court,  and  entered  in  the  minutes  thereof,  which  order  shall  specify 
that  the  production  of  such  record  instead  of  such  transcript  is  necessary." 

The  Revised  Statutes,  section  74,  title  3,  chapter  7,  part  3,  provide  that 
"  whenever  a  certified  copy  of  any  affidavit,  record,  document,  or  other  paper  is 
declared  by  law  to  be  evidence,  such  copy  shall  be  certified,  by  the  clerk  or  officer 
in  whose  custody  the  same  is  required  by  law  to  be,  to  have  been  compared  by 
him  with  the  orifrinal,  and  to  be  a  correct  transcript  therefrom  and  of  the  whole 
of  such  original ;  and,  if  such  officer  have  any  official  seal  bylaw,  such  certificate 
shall  be  attested  by  such  seal."     The  76th  section  of  the  same  title  provides 

*  As  amended  by  chapter  C20,  Laws  of  1866. 


4  Powers  and  Duties  of  Superintendent. 

"that  "  in  all  cases,  %vliere  tlie  seal  of  any  court  or  of  any  public  officer  shall  be' 
authorized  or  required  by  law,  the  same  may  be  affixed  by  making  an  impression 
directly  on  the  paper,  which  shall  be  as  valid  as  if  made  on  a  wafer  or  on  wax." 

§  7.  The  Supei-intendent  shall  be,  ex  officio,  a  trustee  of  the 
People's  college,  and  of  the  New  York  State  asylum  for  idiots, 
a  Regent  of  the  University  of  the  State  of  New  York,  and  chair- 
man of  the  executive  committee  of  the  State  normal  school ;  he 
shall  have  the  general  supervision  of  the  training  school  for  pri- 
mary teachers  in  the  city  of  Oswego,  with  the  powers  conferred 
upon  him  by  chapter  four  hundred  and  eighteen  of  the  Laws  of 
eighteen  hundred  and  sixty-three ;  and  he  shall  provide  for  the 
education  of  the  Indian  children  of  the  State,  as  required  by  chap- 
ter seventy-one  of  the  Laws  of  eighteen  hundred  and  fifty-six. 

Ho  is  also  a  trustee  of  the  Cornell  university,  established  at  Ithaca,  and 
incorporated  by  chapter  585,  Laws  of  1865. 

He  has  also  the  general  supervision  of  the  four  nonnal  schools  established 
at  Fredonia,  Brockport,  Cortland  and  Potsdam,  by  virtue  of  chapter  466,  Laws 
of  1866  ;  and  of  the  similar  schools  authorized  at  Genesco,  by  chapter  195,  and 
at  Bixifalo,  by  chapter  583,  Laws  of  1867. 

§  8.  The  institution  for  the  instruction  of  the  deaf  and  dumb, 
the  New  York  institution  for  the  blind,  and  all  other  similar  insti- 
tutions, incorporated,  or  that  may  be  hereafter  incorporated,  shall 
be  subject  to  the  visitation  of  the  Superintendent  of  Public  Instruc- 
tion, and  it  shall  be  his  duty  : 

1.  To  inquire,  from  time  to  time,  into  the  expenditures  of  each 
institution,  and  the  systems  of  instruction  pursued  therein,  respect- 
ively ; 

2.  To  visit  and  inspect  the  schools  belonging  thereto,  and  the 
lodgings  and  accommodations  of  tlie  pupils ; 

3.  To  ascertain,  by  a  comparison  witli  otlier  similar  institutions, 
whether  any  improvements  in  instruction  and  discipline  can  bo 
made ;  and  for  tliat  purpose  to  appoint,  from  time  to  time,  suita- 
ble persons  to  visit  the  schools; 

4.  To  suggest  to  the  directors  of  such  institutions,  and  to  the 
Legislature,' such  improvements  as  he  shall  judge  expedient ; 

5.  To  make  an  annual  report  to  the  Legislature  on  all  the  mat- 
ters before  enumerated,  and  particularly  as  to  the  condition  of  the 
schools,  the  improvement  of  the  pupils,  and  their  treatment  in  re- 
spect to  board  and  lodging. 


Powers  and  Duties  of  Superintendent.  6 

§  9.  Every  indigent  person,  resident  in  this  State,  between 
twelve  and  twenty-five  years  of  age,  whose  parent  or  parents,  or,  if 
an  orphan,  wliose  nearest  friend,  shall  have  been  resident  in  this 
State  for  the  three  years  preceding,  and  who  may  make  applica- 
tion for  tliat  purpose,  shall  be  received,  if  deaf  and  dumb,  into  the 
institution  ibr  the  deaf  and  dumb;  and,  if  blind,  into  the  New 
York  institution  for  the  blind,  provided  his  or  her  application  be 
approved  by  the  Superintendent  of  Public  Instruction ;  and  in 
those  cases  where,  in  his  opinion,  absolute  indigence  is  not  estab- 
lished, he  may  approve  of  such  application,  and,  at  the  same  time, 
may  impose  conditions,  whereby  some  proportionate  share  of  the 
expense  of  educating  and  clothing  such  pupils  shall  be  paid  into 
the  treasury,  by  their  parents,  guardians  or  friends,  in  such  way 
and  manner,  and  at  such  time  or  times,  as  he  shall  designate, 
which  conditions  he  may  subsequently  modify  as  he  shall  deem 
expedient. 

§  10.  Each  pupil  so  received  into  either  of  the  institutions  afore- 
said shall  be  provided  with  board,  lodging  and  tuition  ;  and  the 
directors  of  the  institution  shall  receive  for  each  pupil  so  provided 
for,  the  sum  of  *  dollars  per  annum,  in  quarterly  payments, 

to  be  paid  by  the  Treasurer  of  the  State,  on  the  warrant  of  the 
Comptroller,  to  the  treasurer  of  said  institution,  on  his  presenting 
a  bill  showing  the  actual  time  and  number  of  such  pupils  attend- 
ing the  institution,  and  which  bill  shall  be  signed  by  the  president 
and  secretary  of  the  institution,  and  verified  by  their  oaths.  The 
regular  term  of  instruction  for  such  pupils  shall  be  five  years  ;f  but 
the  Superintendent  of  Public  Instruction  may,  in  his  discretion, 
extend  the  term  of  any  pupil  for  a  period  not  exceeding  three 
years.  The  pupils  provided  for  in  this  and  the  preceding  section 
of  this  title  shall  be  designated  State  pupils ;  and  all  the  existing 
provisions  of  law  ai)plicable  to  State  pupils  now  in  said  institu- 
tions shall  apply  to  pupils  herein  provided  for. 

*  Prior  to  1822  the  yearly  allowance  was  $130,  but  was  then  increased  to  $150. 

t  Chapter  24-4,  Laws  of  1833,  had  authorized  an  extension  of  two  years.  Section  3  of  chap- 
ter 272,  Laws  of  1S51,  authorizes  an  extension  of  three  years  beyond  the  full  term  of  eight 
years,  as  follows  :  "  §  3.  It  shall  be  lawful  for  the  Superintendent  of  Public  Inslnictiou  to 
continue  at  the  said  institution,  for  a  period  not  exceeding  three  years,  for  the  purpose  of 
pursuing  a  course  of  studies  in  the  higher  branches  of  learning,  such  pupils,  not  exceeding 
twelve  iu  number,  as  may  have  completed  their  full  term  of  instruction,  and  who  may  bo 
recommended  by  the  directors  of  the  institution." 

Tiie  tweive  pupils  thus  selected  arc  knoM-u  as  the  "  high  class." 


6  PowEKS  AND  Duties  of  Superintendent. 

§  11.  The  Superintendent  of  Public  Instruction  may  make  such 
regulations  and  give  such  directions  to  parents  and  guardians,  in 
relation  to  the  admission  of  pupils  into  either  of  the  above  named 
institutions,  as  Avill  prevent  pupils  entering  the  same  at  irregular 
periods. 

(1.)  Institution  for  the  Deaf  and  Dumb. — The  institution  for  the  instruc- 
tion of  the  deaf  and  dumb  was  incorporated  by  chapter  264,  Laws  of  1817, 
passed  April  17.  By  chapter  338,  Laws  of  1819,  passed  April  13,  it  received 
from  the  State  $10,000,  and  by  chapter  250,  Laws  of  1821,  passed  April  8, 
$2,500.  By  chapter  284,  Laws  of  1822,  passed  April  16,  provision  was  made 
for  the  selection  of  thirty-two  indigent  deaf  and  dumb  pupils,  between  the  ages 
of  ten  and  twenty-five  years  (four  from  each  of  the  eight  Senate  districts),  on 
the  certificate  of  the  overseers  of  the  poor,  to  be  supported  at  the  expense  of 
the  State  at  $150  a  year  each.  The  supervisors  of  each  county  were  also 
authorized  to  send  additional  pupils,  one  for  each  member  of  Assembly,  at  $150 
a  year,  to  be  levied  and  collected  in  the  same  manner  as  moneys  raised  by  the 
sixth  section  of  the  act  for  support  of  common  schools. 

The  first  section  of  chapter  97,  Laws  of  1827,  passed  March  23,  appropriated 
$10,000  for  the  purchase  of  a  site  and  the  erection  of  a  building.  Tlie  money 
was  not  to  be  paid  imtil  the  Superintendent  of  Common  Schools  should  approve 
the  price  of  the  ground  and  the  plan  of  the  buildings.  The  second  section  of 
the  act  subjected  the  institution  to  the  supervision  and  visitation  of  the  Super- 
intendent of  Common  Schools,  in  terms  nearly  the  same  as  the  present  law,  and 
providing  that  no  money  should  be  paid  for  the  support  of  pupils,  until  the 
directors  of  the  institution  had  filed  in  the  office  of  the  Secretary  of  State  their 
assent  to  the  provisions  of  the  second  section  of  the  act,  and  their  "  consent  at 
all  times  to  pennit  the  inspection  and  inquiries  herein  directed." 

The  consent  was  given  in  the  following  terms,  and  filed  in  the  Secretary's 
office  April  25,  1827: 


'1 


Institution  for  the  Deaf  and  Dumb, 
City  op  New  York. 

Whereas,  the  Legislature  of  the  State  of  New  York  did,  on  the  23d  day 
of  March,  1827,  pass  an  act  entitled  "An  act  to  provide  for  the  building  an 
asylum  for  the  deaf  and  dumb  in  the  city  of  New  York,"  and,  whereas,  the 
second  section  of  the  said  act  is  in  the  words"  folloAving,  to  wit : 

"  And  he  it  further  enacted,  That  it  shall  be  the  duty  of  the  Superintendent 
of  Common  Schools,  from  time  to  time,  to  inquire  into  the  expenditures  of  the 
paid  institution  and  the  system  of  instruction  pursued  therein,  to  visit  and 
inspect  the  schools  and  the  lodging  of  the  pupils,  to  ascertain,  by  a  comparison 
with  other  similar  institutions,  whether  any  improvements  can  be  made,  and 
for  that  purpose  appoint  such  and  so  many  persons,  as  he  shall  from  time  to 
time  deem  necessary,  visitors  of  the  said  schools,  to  suggest  to  the  directors 


Powers  and  Duties  of  Superintendent.  1 

and  tlie  Legislature  sucli  improvements  as  lie  shall  deem  expedient,  and  to 
report  annually  to  the  Legislature,  on  all  the  matters  aforesaid,  and  particu- 
larly the  condition  of  the  schools,  the  improvement  of  the  pupils,  and  their 
treatment  in  respect  to  their  board  and  lodging.  And  that  no  money  shall  he 
paid  out  of  the  treasury,  pursuant  to  this  act,  until  the  directors  of  the  institu- 
tion for  the  deaf  and  dumb  in  the  city  of  New  York  shall  have  filed  their 
assent  to  the  provisions  of  this  section,  under  their  corporate  seal,  in  the  office 
of  the  Secretary  of  State,  and  shall  thereby  consent  at  all  times  to  submit  to 
the  inspection  and  inquiries  herein  directed." 

Now,  therefore,  be  it  known,  that  the  directors  of  the  said  institution  have 
assented,  and  by  these  presents  do  assent,  to  the  provisions  of  the  second  sec- 
tion of  the  aforesaid  act,  and  have  accordingly  directed  the  same  to  be  signed 
by  the  president  of  the  institution,  and  sealed  with  their  seal,  and  the  same  to 
go  into  operation  when  the  asylum  is  built. 

Done  and  subscribed  in  the  city  of  New  York  this  twenty-third  day 

[l.  s.]        of  April,  1837. 

SAMUEL  L.  MITCHILL, 

President. 

Attest : 

Sastctel  Akerly,  Secretary. 

By  chapter  170,  Laws  of  1830,  three  additional  pupils  from  each  of  the  eight 
Senate  districts  were  to  be  selected ;  by  chapter  109,  Laws  of  1833,  five  addi- 
tional pupils  from  each  district ;  by  chapter  228,  Laws  of  1836,  three  additional 
pupils  from  each  Senate  district;  by  chapter  174,  Laws  of  1840,  one  additional 
pupil  from  each  district ;  by  chapter  14,  Laws  of  1845,  four  additional  from 
each  district ;  by  chapter  97,  Laws  of  1852,  one  additional  from  each  of  the 
thirty-two  Senatorial  districts  ;  by  chapter  272,  Laws  of  1854,  page  595,  every 
indigent  deaf  and  dumb  person  in  the  State  could  be  received  into  the  institu- 
tion on  conditions  which  have  been  since  continued,  and  are  substantially 
retained  in  sections  eight,  nine,  ten  and  eleven  of  this  title. 

The  following  two  sections  of  chapter  223,  Laws  of  1833,  are  still  in  force : 

^  1.  It  shall  be  the  duty  of  the  overseers  of  the  poor  in  each  town  to  furnish 
the  Superintendent  of  [Public  Instruction]  with  a  list  of  the  deaf  and  dumb 
persons  in  their  respective  towns,  so  far  as  they  can  ascertain  them,  with  such 
particulars  in  relation  to  the  condition  of  each  as  shall  be  prescribed  by  the 
Superintendent. 

§  3.  From  the  list  thus  obtained  the  Superintendent  may  select,  as  State 
pupils,  such  as  are  properly  embraced  within  the  provisions  of  existing  laws, 
and  make  such  regulations,  and  give  such  directions  to  parents  and  guar- 
dians, in  relation  to  the  admission  of  pupils,  at  stated  periods,  as  will  remove 
the  inconvenience  of  having  pupils  of  the  same  class  entering  the  school  at 
different  periods. 

By  chapter  325,  Laws  of  1863,  page  546,  passed  April  25,  provision  was 
made  for  the  instruction  of  deaf  mutes  between  the  ages  of  six  and  twelve 
years,  as  follows : 


8  Powers  and  Duties  of  Superintendent. 

§  1.  "WTienever  a  deaf  mute  child,  under  the  age  of  twelve  years,  shall 
become  a  charge  for  its  maiutenance  on  any  of  the  towns  or  comities  of  this 
State,  or  shall  be  liable  to  become  such  charge,  it  shall  be  the  duty  of  the  over- 
Beers  of  the  poor  of  such  town,  or  of  the  supervisors  of  such  county,  to  place 
Buch  child  in  the  New  York  institution  for  the  deaf  and  dumb. 

§  2.  Any  parent,  guardian  or  friend  of  a  deaf  mute  child  within  this  State, 
over  the  age  of  six  years,  and  mider  the  age  of  twelve  years,  may  make  appli- 
cation to  the  overseers  of  the  poor  of  any  town,  or  to  any  supervisor  of  the 
county  where  such  child  may  be,  showng,  by  satisfactory  affidavit,  or  other 
proof,  that  the  health,  morals  or  comfort  of  such  child  may  be  endangered,  or 
not  properly  cared  for ;  and  thereupon  it  shall  be  the  duty  of  such  overseer  or 
super%isor,  if  satisfied  that  the  parents  or  natural  protectors  of  such  child  are, 
or  said  child  is,  in  indigent  circumstances,  to  place  such  child  in  the  New 
York  institution  for  the  deaf  and  dumb. 

§  3.  The  children  placed  in  said  institution,  in  pursuance  of  the  foregoing 
sections,  shall  be  maintained  therein  at  the  expense  of  the  county  from  whence 
they  came,  provided  that  such  expense  shall  not  exceed  one  hundred  and  fifty 
dollars  each  per  year,  until  they  attain  the  age  of  twelve  years,  unless  the  di- 
rectors of  said  institution  shall  find,  as  to  any  such  child,  that  it  is  not  a  proper 
subject  to  remain  in  said  institution. 

§  4.  The  expenses  for  the  board,  tuition  and  clothing  for  such  deaf  muto 
children,  placed  as  aforesaid  in  said  institution,  not  exceeding  the  amount  of 
one  hundred  and  fifty  dollars  per  year,  above  allowed,  shall  be  raised  and  col- 
lected as  ai'e  other  expenses  for  the  support  of  the  poor  of  the  county  from 
■which  such  children  shall  be  received ;  and  the  bills  therefor,  properly  authen- 
ticated by  the  principal,  or  one  of  the  officers  of  said  institution,  shall  be  paid 
to  said  institution  by  the  said  county ;  and  its  county  treasurer  or  chamberlain', 
as  the  case  may  be,  is  hereby  directed  to  pay  the  same  on  presentation,  so  that 
the  amount  thereof  may  be  borne  by  the  proper  county. 

In  pursuance  of  section  eleven  the  Superintendent  has  proscribed  the  follow- 
ing questions  to  parents  and  guardians  of  deaf  mutes : 

In  the  case  of  each  pupil  admitted  into  the  New  York  institution  for  the  in- 
struction of  the  deaf  and  dumb,  it  is  desirable  to  obtain  answers  to  the  following 
questions.  The  information  asked  for  is  designed,  in  part,  to  aid  in  researches 
into  the  causes  of  deafness,  but  mainly  for  the  benefit  or  information  of  the 
pupil  himself.  The  answers  should  be  written  on  the  blank  spaces,  and  the 
paper  returned  to  this  office  Avithout  delay.  Particular  attention  to  this  subject 
is  required. 

1.  What  is  the  name  and  age  of  the  deaf  mute?  If  he  has  a  middle  name, 
it  should  bo  given  in  full.  Add  the  place,  and  the  day,  month  and  year  of 
birth. 

2.  Was  he  born  deaf?  and  if  so,  was  there  any  cause  which  is  supposed  to 
have  operated  before  birth?  If  not,  at  what  age  did  he  lose  his  hearing?  and 
by  what  disease  or  accident?  Mention  his  place  of  residence  at  the  time  of  the 
loss  of  hearinjr. 


PowEus  AND  Duties  of  Superintendent,  9 

3.  Was  his  place  of  birtli,  or  of  residence  at  tlie  time  of  the  loss  of  hearing, 
reputed  to  be  healthy  or  unhealthy '?  and  if  unhealthy,  for  what  reasons  ?  Was 
the  dwelling  of  the  family  at  that  time  comfortable  or  uncomfortable  ?  e.  g., 
was  it  in  a  basement,  in  an  unfinished  house,  in  rooms  with  unplastered  walls, 
or  the  like  ?  Was  its  situation  low  and  damp,  or  otherwise  ?  Was  the  deaf 
child  more  exposed  to  cold  and  dampness  than  the  other  children  not  deaf?   ■ 

4.  Is  the  deafness  total  or  partial  ?  If  the  latter,  what  is  the  degree  of  hear- 
ing? e.  g.,  can  he  distinguish  words  uttered  in  a  raised  voice?  or  hear  the 
human  voice  at  all? 

5.  Have  any  attempts  been  made  to  remove  the  deafness  ?  and  if  so,  what  are 
the  results  ? 

6.  Is  there  any,  and  if  any,  what  degree,  of  ability  to  articulate,  and  to  dis- 
tinguish words  by  the  motions  of  the  lips  ? 

7.  Have  any  attempts  been  made  to  communicate  instruction?  Has  the 
deaf  mute  learned  to  write  after  a  copy  ?  Does  he  know  the  meaning  of  any 
written  words  ?  Has  he  acquired  any  art  or  trado,  or  been  accustomed  to  steady 
employment  ? 

8.  How,  and  to  what  extent,  can  the  family  and  intimate  friends  communicate 
with  the  deaf  mute  ? 

9.  Does  he  show  any  signs  of  idiocy?  Is  he  afflicted  with  palsy,  nervous 
trembling,  malformation  of  the  limbs,  defective  vision,  or  similar  bodily 
infiiTuities  ? 

10.  Has  the  deaf  mute  had  the  small  pox,  or  been  vaccinated?  Has  he  hcui 
the  scarlet  fever,  measles,  mumps,  or  whooping  cough  ? 

11.  Are  there  any  other  cases  of  deafness  in  the  same  family  ?  And  are  there 
any  known  cases  of  deafness  among  the  ancestors,  or  the  collateral  branches 
of  kindred  ?  In  each  case  give  the  name,  degree  of  relationship,  age,  if  living 
(if  not,  the  age  at  death,  and  cause  of  death,  if  known),  whether  educated  or 
not,  and  if  adults,  whether  married  and  parents  or  not. 

13.  Have  there  been  any  cases  of  blindness,  idiocy  or  insanity  in  the  same 
family,  or  among  the  near  connections  ?    If  so,  give  the  particulars. 

I'd.  What  are  the  names,  ages,  place  of  nativity  and  present  residence,  occu- 
pation and  state  of  health  of  the  parents  ?  Give  the  Christian  name  of  each 
parent,  and  the  mother's  maiden  name. 

14.  Give  the  name  and  most  convenient  post-office  of  the  person  who  will 
correspond  with  the  deaf  mute,  or  with  the  officers  of  the  institution  in  his 
behalf. 

15.  Is  either  of  the  parents  dead  ?  Has  either  been  married  more  than  once  ? 
If  80,  to  whom  ? 

10.  Was  there  any  relationship  between  the  parents  before  marriage  ?  e.  g., 
were  they  cousins  ? 

17.  Give  the  names  of  all  their  children  (the  deaf  mute  included)  in  the  order 
of  their  ages,  distinguishing  those  who  were  the  children  of  another  marriage, 
and  noting  which,  if  any,  are  dead  or  married.  If  any  are  married,  state  to 
whom. 


10  Powers  and  Duties  of  Superintendent. 

Form  of  Certificate  to  he  made  hy  Overseer  of  the  Poor. 

The  undersigned,  overseer    of  the  poor  of  the  town  of  ,  in  the  county 

of  ,  do    hereby  certify  that  ,  of  said  town,  is  deaf  and 

dumb.     The  said  was        years  of  age  on  the        day  of  , 

186    ,  is  of  good  moral  character,  free  from  disease,  and  possesses  intellectual 
faculties  capable  of  instruction. 

The  names  of  the  parents  of  the  said  are  , 

and  the  said  ha    not  sufficient  pecuniary  ability  to  pay  for  the 

board,  tuition  or  clothing*  of  said  at  the  New  York  institution  for 

the  instruction  of  the  deaf  and  dumb  ;  and  I  would  recommend 
to  the  favorable  consideration  of  the  Superintendent  of  Public  Instruction. 

Dated  186 

Overseer  of  the  Poor  of  the  Town  of 
To  the  Superintendent  of  Public  Instruction,  Albany. 

Circumstances  of  Parent  or  Guardian : 


Circular  to  Supervisors. 
Ikstitutioit  for  the  Deaf  and  Dumb. 

Superintendent's  Office,  J 

Department  of  Public  Instruction,  > 
Albany,  ,  186     .      ) 

To  the  Board  of  Supervisors  of  the  County  of 

By  provision  of  an  act  of  the  Legislature  in  relation  to  the  New  York  insti- 
tution for  the  instruction  of  the  deaf  and  dumb,  passed  April  25,  1864  (chapter 
386),  "the  supervisors  of  anj'  county  in  this  State,  from  wMch  county  pupils 
may  be  selected,  whose  parents  or  guardians  are  unable  to  furnish  them  with 
Buitable  clothing,  are  authorized  and  required  to  raise  in  each  year  for  this 
purpose,  for  each  such  pupil  from  said  county,  the  sum  of  thirty  dollars."f 

*  The  overseers  arc  "requested  to  state  whether  the  parent  or  guardian  has  any  real  or 
personal  property,  liable  to  taxation,  and  if  any,  the  value ;  what  is  the  occupation  and  the 
probable  yearly  Income  of  the  parent,  and  whether,  in  the  opinion  of  the  overseers,  the 
parent  or  guardian  is  unable  to  provide  clothing  for  the  pupil.  If  the  circumstances  of  the 
parent  or  guardian  are  such  that  they  could  clothe  a  child  in  possession  of  all  its  faculties, 
it  is  difficult  for  the  department  to  understand  why  they  cannot  provide  clothing  for  it 
equally  well  now  that  misfortune  has  beftillen  it,  especially  as  the  State  proposes  to  assume 
the  burden  of  its  hoard  aud  tuition.  It  must  be  remembered  that,  if  the  parents  are  shown 
to  be  vnahle  to  provide  clothing,  this  then  becomes  a  county  charge.  The  Slate  does  not 
furnish  clothing. 

t  Chapter  244,  Laws  of  1838,  page  233,  passed  April  18,  required  the  sum  of  $20  to  be 
raised. 


Powers  and  Duties  of  Supeeintendent.  11 

A  certificate  has  been  produced  to  me,  signed  by 
overseer  of  tlie  poor,  that  ,  of  ,  in  your  county,  is  a  proper 

Candidate  for  selection  as  a  State  pupil  at  the  New  York  institution  for  the 
instruction  of  the  deaf  and  dumb,  and  that  parents  are  unable  to  pay 

for        board  and  tuition  or  to  clothe        at  the  institution.  ha    been 

selected  by  me  for  admission  into  the  said  institution  for  the  term  of 
years  from  ,  186     .     It  will,  therefore,  be  your  duty,  under  the  act 

aforesaid,  at  your  next  annual  meeting,  to  raise  the  sum  necessary  to  pay  for 
clothing.  As  the  law  limits  the  amount  to  $30,  the  institution  ^vill  pro- 
vide clothing  for  that  sum,  although  it  is  obviously  inadequate.  You  vnW, 
therefore,  raise  the  sum  during  each  year  for  which  the  pupil  has  been  selected. 
If  is  dismissed,  due  notice  will  be  given. 

I  will  thank  your  clerk  for  a  copy  of  the  resolution  of  your  board  on  this 
subject. 

The  principal  of  the  institutiop  will  draw  on  your  county  treasurer,  some 
time  after  the  month  of  February,  in  each  year,  for  the  amount  so  raised, 
Youx  obedient  servant, 

Superintendent  of  Public  Ijistruction. 

(2.)  Ikstitution  for  the  Blind.  —  This  institution  was  incorporated  by 
chapter  214,  Laws  of  1831.  Chapter  316,  Laws  of  1834,  passed  May  6,  author- 
ized it  to  receive,  from  each  of  the  eight  Senate  districts,  four  indigent  pupils, 
between  eight  and  twenty-five  years  of  age,  on  the  same  terms  as  the  institu- 
tion for  the  deaf  and  dumb,  during  a  period  not  exceeding  five  years,  to  be 
supported,  educated  and  instructed  in  some  useful  trade. 

Chapter  226,  Laws  of  1836,  page  293,  passed  April  30,  as  amended  by  chapter 
399  of  the  same  year,  page  593,  appropriated  $12,000  to  procure  a  site  and  erect 
buildings  on  condition  that  $8,000  should  be  raised  in  New  York  for  the  same 
purpose.  The  managers  were  required  annually,  February  1,  to  make,  imder 
oath,  to  the  Legislature,  a  report  of  their  proceedings,  and  of  the  disposition  of 
the  moneys  paid  to  them  from  the  treasury  of  the  State.  Provision  was  also 
made  for  four  additional  pupils  from  each  Senate  district.  By  chapter  200, 
Laws  of  1839,  page  171,  passed  April  18,  eight  additional  pupils  were  to  be 
admitted,  and  $15,000  were  appropriated  to  complete  the  buildings.  The  com- 
missioners of  common  schools  were  required  to  apportion  school  money  to  the 
institution  according  to  tlie  number  of  pupils,  without  regard  to  their  age.  An 
extension  of  the  term  of  any  pupil  could  be  granted  with  the  approbation  of  the 
Superintendent  of  Common  Schools,  and  the  institution  was  subjected  to  the 
visitation  and  inspection  of  the  Superintendent.  By  chapter  333,  Laws  of  1852, 
page  496,  passed  April  16,  the  institution  was  permitted  to  receive  four  indi- 
gent pupils  from  each  of  the  thirty-two  Senate  districts.  By  the  last  act,  also, 
the  charter  was  continued  in  force  without  limitation  of  time.  By  chapter  539, 
Laws  of  1855,  page  1018,  passed  April  14,  provision  was  made  for  the  reception 
into  the  institution  of  every  indigent  blind  person  in  the  State,  between  the  ages 
of  twelve  and  twenty -five  years,  whose  parent  or  parents,  or,  if  an  orphan,  whoso 


12  Powers  and  Duties,  of  Superintendent. 

nearest  friend,  sliall  liave  been  a  resident  in  tliis  State,  and  who  may  malie 
application  for  tliat  purpose,  tliere  to  be  instructed  in  literary  or  school  educa- 
tion, and  in  some  trade  or  employment,  now  or  hereafter  to  be  taught  and 
carried  on  in  said  institution,  provided  his  Or  her  application  be  first  approved 
by  the  Superintendent  of  Public  Instruction. 

Cliapter  200,  section  5,  Laws  of  1839,  also  provided  that  "  the  supervisors 
of  any  county  in  tliis  State  (from  which  State  pupils  may  be  sent  and  received 
into  said  institution,  whose  parents  or  guardians  are  unable  to  furnish  them 
with  suitable  clothing)  are  hereby  authorized  and  required,  while  such  pupils 
are  under  instruction,  to  raise  a  sum  of  money  for  this  purpose,  not  exceeding 
twenty  dollars  in  any  one  year,  for  each  pupil  from  said  county." 

By  chapter  351,  section  1,  Laws  of  1863,  page  563,  passed  April  19,  the  sum 
to  be  annually  paid  was  raised  to  $30.  It  was  also  pro\ided  that  if  the  money 
should  not  be  paid  for  six  months  after  the  annual  meeting  of  the  supervisors 
of  any  comity,  the  sum  unpaid  should,  from  the  end  of  that  time,  bear  interest 
at  the  rate  of  seven  per  cent.  If  comity  pavipers  are  sent  to  said  institution, 
the  supervisors  are  also  required  to  raise  and  pay  to  the  order  of  the  Comp- 
troller a  sum  equal  to  that  which  the  county  would  have  to  pay  for  the  su.\> 
port  and  clothing  of  such  pupils  at  home. 

Section  two  of  said  act  also  provided  that  "the  Superintendent  of  Public 
Instruction  is  hereby  authorized  to  visit  and  inspect  the  New  York  institution 
for  the  blind,  in  all  its  departments,  to  report  to  the  Legislature  sitcli  matters 
and  things  as  he  may  deem  necessary,  and  in  the  selection  and  appointment  of 
pupils  he  may,  in  those  cases  where,  in  his  opinion,  absolute  indigence  is  not 
established,  require  and  impose  conditions,  whereby  some  proportionate  share 
of  the  expenses  of  educating  and  clothing  such  pupils  shall  be  paid  by  their 
parents  or  guardians,  in  such  way,  manner  and  time  as  he  may  designate." 

Form  of  Certificate  to  he  made  hi/  Overseers  of  the  Poor, 
State  of  New  York: 

The  undersigned,  overseers  of  the  poor  of  the  town  of  ,  in  the 

county  of  ,  do    hereby  certify  that  ,  of  the  said  town,  is  blind,  that 

was  years  of  age  on  the  day  of  ,18     ;  moral 

character  is  good,  and  is  free  from  disease  other  than  tliat  of  the  eyes,  and 

that        possesses  mental  and  pliysical  faculties  capable  of  instruction. 

The  names  of  parents  are  ,  who  reside  in  the  town 

of  ,  and  have  not  sufficient  pecuniary  ability  to  pay  for  the  boai'd  or 

tuition  of  the  said  at  the  New  York  institution  for  the  blind. 

We  do  recommend  to  the  favorable  consideration  of  the  Superintendent  of 
Public  Instruction.  We  do  furtlier  certify  tliat  we  have  good  evidence  that 
the  answers  to  the  following  questions  are  correct. 

Ques.  1. — Is  the  blindness  of  ap])licant  temporary  or  permanent  ?    Ans. — 
,     Ques.2. — Was  born  blind?     yi«s. —  ■ '~ 

QiMes.  3. — Were  both  or  cither  of  parents  blind  ?  and  which,  and  how 

long?    Ans. — 


Powers  and  Duties  of  Superintendent.  13 

Ques.  4. — Were  the  parents  related  before  marriage  1  and  wliat  was  that 
relationsliip  ?    Ans. — 

Ques.  5.  What  other  causes  of  blindness  have  occurred  in  the  families  of  tho 
parents  ?    Ans. — 

Ques.  6. — Has  the  applicant  any  blind  brothers,  sisters  or  cousins  ?    Ans. — 

Ques.  7. — Was  the  blindness  of  applicant  caused  by  accident  ?  If  so,  describe 
when  and  how  it  occurred.     Ans. — 

Ques.  8. — Was  the  blindness  caused  by  disease  ?  if  so,  describe  it  and  any 
operation  on  the  eyes.    Ans. — 

Ques.  9. — What  are  the  pecuniary  circumstances  of  the  parents  or  guar- 
dian?*   Ans. — 

Dated  this  day  of  ,  18    .    Town  of  ,  County 

of 

>  Overseer    of  the  Poor. 
To  the  Superintendent  of  FubUc  Instruction,  Albany,  K  Y. 

Circular  to  Boards  of  Supervisors. 
Institutiok  for  the  Blind,  State  of  New  York. 

Sxtperixtendent's  Office, 
Department  of  Public  Instruction, 
Albany,  180     . 

To  the  Board  of  Supervisors  of  the  County  of 

By  the  existing  provisions  of  law,  the  supervisors  of  any  county  from  which 
State  pupils  may  be  selected  for  admission  to  the  New  York  institution  for  tho 
are  required  to  raise  a  sum  of  money  annually,  for  the  purpose 
of  providing  suitable  clothing  for  any  such  pupil  whose  parents  or  guardians 
are  unable  to  furnish  it ;  but  such  sum  is  not  to  exceed,  for  each  pupil,  $30. 
Chapter  351,  Laws  of  18G2. 

A  certificate  has  been  produced  to  me,  signed  by  » 

that  ,  of  ,  in  your  county,  is  a  proper  candidate 

for  selection  as  a  State  pupil  at  the  institution  for  the  ,  and  that 

parents  are  unable  to  pay  for  board  and  tuition,  or  to  clothe  at  the 

institution.  ha    been  selected  by  me  for  admission  into  the  said 

*  Upon  this  point  the  oversecra  are  requested  to  state  whether  the  parent  or  guardian  has 
anj'  real  or  pert^onal  property  liable  to  taxation,  and  if  any,  the  value;  what  is  the  occupa- 
tion and  the  probable  yearly  income  olthe  parent,  and  whether,  in  the  opinion  of  the  over- 
seers, the  jiarent  or  guardian  is  unable  to  provide  clothing  for  the  pupil.  If  the  circum- 
stances of  the  parent  or  guardian  are  such  that  they  could  clothe  a  seeing  child,  it  is  diffi- 
cult for  the  department  to  understand  why  they  cannot  provide  clothing  for  it  equally  well 
now  that  misfortune  has  befallen  it,  especially  as  the  State  proposes  to  assume  the  burden 
of  its  board  and  tuition.  It  must  be  remembered,  tluit  if  the  parents  are  shown  to  be 
vMuhli  to  provide  clothing,  this  then  becomes  a  county  charge.  The  Slate  does  not  furnish 
clothing.    . 


14  Powers  and  Duties  op  Supeeintendent. 

institution  for  the  term  of  years,  from  186    .    It  will,  therefore, 

be  your  duty,  under  the  act  aforesaid,  at  your  next  annual  meeting,  to  raise  the 
sum  necessary  to  pay  for  clothing.     As  the  law  limits  the  amount  to  $30, 

the  institution  ■wall  provide  clothing  for  that  sum,  although  obviously  inade- 
quate. Tou  will,  therefore,  raise  the  sum  during  each  year,  for  which  the 
pupil  selected.     If  dismissed,  due  notice  ■will  be  given. 

The  principal  of  the  institution  will  draw  on  your  county  treasurer,  some 
time  after  the  month  of  February,  ia  each  year,  for  the  amount  so  raised. 
Your  obedient  servant. 

Superintendent  of  Public  Instruction 


Certificate  of  Selection  of  Deaf  and  Dumh  and  Blind  Pupils. 
State  op  New  York. 

StrPERINTENDENT'S  OFFICE,  1 

Department  op  Public  Instruction,  >- 
Albany,  ,  186    .      ) 

Dear  Sir  :  I  have  this  day  selected  ,  of  ,  county 

of  ,  aged  years  (parents  P.  O., 

),  as  a  State  pupil  in  the  New  York  institution  for  the 
for  the  term  of  years  from  the  day  of  186     ;  to  be 

educated  and  supported  therein  during  that  period,  at  the  expense  of  the  State. 
Clothing  will  be  furnished  by  the 

Respectfully  yours, 

Superintendent  of  Public  Insti-uction. 

§  12.  The  Superintendent  may,  in  his  discretion,  appoint  persons 
to  visit  and  examine  all  or  any  of  the  common  schools  in  the 
county  wherein  such  persons  reside,  and  to  report  to  him  all  such 
matters  respecting  their  condition  and  management,  and  the  means 
of  improving  them,  as  he  shall  prescribe  ;  but  no  allowance  or 
compensation  shall  be  made  to  such  visitors  for  their  services 
or  expenses. 

This  section  is  copied  from  section  8,  chapter  830,  Laws  of  1839.  Soon  after 
its  passage  visitors  were  appointed  in  all  the  counties  of  the  State.  Tlic  visitors 
did  not  generally  enter  upon  the  work.  Of  the  10,700  school  districts  in  the 
State  at  that  time,  only  1,865  were  visited.  From  twenty-three  counties  no 
reports  were  received.  The  Superintendent  of  Common  Schools  sent  to  the 
Legislature,  April  13,  1840,  an  abstract  of  the  reports  received  by  him,  which 


Powers  and  Duties  of  Superintendent.  15 

were  published  in  Assembly  Document  No.  307.     The  power  vested  in  the 
Superintendent  by  this  section  has  not  since  been  exercised. 

§  13,  So  often  as  he  can,  consistently  with  liis  other  duties,  he 
shall  visit  such  of  the  common  schools  of  the  State  as  he  shall  see 
fit,  and  inquire  into  their  course  of  instruction,  management  and 
discipline,  and  advise  and  encourage  the  pupils,  teachers  and  offi- 
cers thereof. 

§  14.  He  shall  submit  to  the  Legislature  an  annual  report,  con- 
taining : 

1.  A  statement  of  the  condition  of  the  common  schools  of  the 
State,  and  of  all  other  schools  and  institutions  under  his  supervis- 
ion, and  subject  to  his  visitation  as  Superintendent ; 

2.  Estimates  and  accounts  of  expenditures  of  the  school  moneys, 
and  a  statement  of  the  apportionment  of  school  moneys  made  by 
him ; 

3.  All  such  matters  relating  to  his  office,  and  all  such  plans  and 
suggestions  for  the  improvement  of  the  schools  and  the  advance- 
ment of  public  instruction  in  the  State,  as  he  shall  deem  expedient. 

The  Revised  Statutes,  section  1,  title  3,  chapter  15,  part  1,  dth  edition, 
declared  it  the  duty  of  the  Superintendent  of  Common  Schools  "to  prepare  and 
submit  an  annual  report  to  the  Legislature,  containing, 

"  1.  A  statement  of  the  condition  of  the  common  schools  of  the  State; 

"  2.  Estimates  and  accounts  of  expenditures  of  the  school  moneys  ; 

"3.  Plans  for  the  improvement  and  management  of  the  common  school 
,  fund  and  for  the  better  organization  of  the  common  schools  ;  and 

"  4.  All  such  matters  relating  to  his  office  and  to  the  common  schools  as  ho 
shall  deem  expedient  to  communicate." 

Chapter  350  of  the  Laws  of  1847,  page  452,  in  relation  to  reports  of  State 
officers,  requires  them  (including  the  Superintendent  of  Common  Schools)  "  to 
complete  their  several  annual  reports  for  the  previous  fiscal  year,  before  the 
expiration  of  the  current  calendar  year,  and  cause  the  same  to  be  presented  to 
the  Legislature  immediately  after  the  commencement  of  its  next  annual  ses- 
sion." It  also  requires  them  to  epibrace  in  said  annual  reports  a  true  account, 
so  far  as  the  same  is  practicable,  of  the  funds  and  accounts  of  which  each  of 
said  officers  is  in  charge,  to  the  termination  of  the  current  calendar  year. 

§  15.  He  may,  on  the  recommendation  of  any  school  commis- 
sioner, or  on  other  evidence  satisfactory  to  him,  grant,  under  his 
hand  and  seal  of  office,  a  certificate  of  qualification,  and  may, 
upon   the  like   recommendation   or   evidence,  revoke   the   same. 


16  Povi^ERS  AND  Duties  of  Superintendent. 

While  unrevokecl,  such  certificate  shall  be  conclusive  evidence  that 
the  person  to  whom  it  was  granted  is  qualified,  by  his  moral  char- 
acter, learning  and  -ability,  to  teach  any  common  school  in  the 
State.  He  may  also  issue  temporary  licenses  to  teach,  limited  to 
any  school  commissioner  district  or  school  district,  and  for  a  period 
not  exceeding  six  months,  v.dienever,  in  his  judgment,  it  may  be 
necessary  or  expedient  for  him  to  do  so. 

§  16.  Upon  cause  shown  to  his  satisfaction,  he  may  annul  any 
certificate  of  qualification  granted  to  a  teacher  by  a  school  com- 
missioner, or  declare  any  diploma  issued  by  the  State  normal 
school  ineffective  and  null  as  a  qualification  to  teach  a  common 
school  within  this  State,  and  he  may  reconsider  and  reverse  his 
action  in  any  such  matter. 

§  1 7.  lie  shall  prepare  and  keep  in  liis  ofiice  alphabetical  lists  of  all 
persons  who  have  received,  or  shall  receive,  certificates  of  qualifi- 
cation from  himself,  or  diplomas  of  the  State  normal  school,  with 
the  dates  thereof,  and  shall  note  thereon  all  annulments  and  revers- 
als of  such  certificates  and  diplomas,  with  the  date  and  causes 
thereof,  together  with  such  other  particulars  as  he  may  deem 
expedient. 

§  18,  Whenever  it  shall  be  proven,  to  his  satisfaction,  that  any 
school  commissioner,  or  other  school  officer,  has  been  guilty  of 
any  willful  violation  or  neglect  ©f  duty  under  this  act,  or  any  other 
act  pertaining  to  common  schools,  or  of  willfully  disobeying  any 
decision,  order  or  regulation  of  the  Superintendent,  the  Superin- 
tendent may,  by  an  order  under  his  hand  and  seal,  which  order 
shall  be  recorded  in  his  ofiice,  remove  such  school  commissioner  or 
other  school  officer  from  his  office. 

This  section  is  an  amplification  of  section  1^  chapter  383,  of  tlie  Laws  of  1849. 

When  it  becomes  necessary  to  ask  the  removal  of  a  school  officer,  under  the 
foregoinfT  section,  tlie  following  practice  must  be  pursued  :  An  affidavit  or  affi- 
davits must  be  prepared  and  duly  verified  before  some  officer  aiUhorized  to 
administer  oaths,  cliartring  him  with  one  or  more  of  the  offi-nses  of  wliich  ho 
is  supposed  to  liavc  been  guilty,  and  which  are  above  enumerated,  as  with 
having  "  embezzled  money  coming  to  liis  liands  for  school  purposes,"  or  witli  the 
willful  neglect  of  some  specified  duty,  or  with  disobeying  some  decision  or 
order  of  the  Department  of  Public  Instruction,  setting  out  the  date  of  such 
order  and  its  requisition  in  words  or  in  substance.  Tlie  affidavit,  after  distinctly 
stating  the  charge,  sliould  proceed  with  a  specification  of  the  facts  by  wliicli  it 
is  ostablishod,  which  must  be  set  forth  with  such  certainty  as  to  time,  place, 


FowERS  AND  Duties  op  Superintendent.  17 

etc.,  as  to  furuisli  the  officer  with  precise  information  as  to  what  he  is  expected 
to  meet,  and  to  enable  him  to  look  for  repelling  testimony.  After  being  verified, 
a  copy  of  the  affidavits,  including  the  jurat  or  certificate  of  the  officer  adminis- 
tering the  oath,  must  be  served  upon  the  officer  whose  removal  is  sought, 
together  with  a  notice  of  the  application,  which  may  be  substantially  in  the 
following  form : 

Sir  :  Take  notice  that  the  affidavits,  with  copies  of  which  you  are  herewith 
Fcrvcd,  will  be  presented  to  the  Superintendent  of  Public  Instruction  at  Albany, 
and  application  thereupon  made  for  your  removal  from  the  office  of  trustee  of 
Joint  District  No.  ,  of  Shandaken,  in  Delaware  county,  and  Denning,  in 
Ulster  county ;  and  that  you  are  required  to  transmit  your  answer  to  such 
application,  duly  verified,  to  the  Department  of  Public  Instruction  within  ten 
days  after  the  service  hereof,  or  the  charges  contained  in  such  affidavits  will  be 
deemed  to  be  admitted  by  you. 

Your  obedient  servant, 

A B . 

Post-office  address,  Port  Jervis,  Orange  Co. 

A  copy  of  this  notice,  together  with  an  affidavit  proving  the  service  thereof 
and  of  the  affidavits  therein  referred  to,  and  the  date  and  manner  of  such 
service,  must  be  transmitted,  with  the  original  affidavits,  to  the  Department  of 
Public  Instruction.  No  fact,  although  otherwise  known  to  the  department,  will 
be  taken  into  consideration,  nor  will  any  paper  be  read  or  referred  to,  in  dispos- 
ing of  the  case,  unless  evidence  is  furnished  that  a  copy  of  such  paper  haa 
been  served  upon  the  party  against  whom  the  complaint  is  made.  He  cannot 
be  prejudiced  by  any  statement  which  he  has  not  been  called  upon  to  answer. 

The  form  of  the  notice  above  given  indicates  the  course  of  the  respondent. 
He  is  to  transmit  liis  sworn  answer,  together  with  the  affida\'it8  of  other 
persons,  if  he  deems  them  necessary,  to  the  department  within  ten  days.  If, 
for  any  reason,  as  the  absence  of  material  witnesses,  he  is  unable  to  complete 
his  defense  in  that  time,  he  should  before  its  expiration  transmit  his  own 
answer  duly  verified,  with  a  statement,  under  oath,  of  the  facts  which  render  it 
necessary  that  the  time  to  procure  further  evidence  should  be  extended,  and 
stating  the  earliest  day  at  which  he  expects  to  be  able  to  obtain  such  e\idence. 
If  a  probable  defense  appears  from  his  answer,  and  the  application  for  further 
time  is  reasonable,  an  order  will  be  made  granting  it. 

Both  parties  should  liave  their  affidavits,  etc.,  legibly  written  upon  legal  cap 
paper,  if  practicable,  and  upon  the  same  sheet  or  continuous  sheets,  written  on 
both  sides,  and  fastened  together  in  the  manner  of  legal  pleadings,  and  not 
upon  separate  scraps  of  paper.  They  should  be  indorsed  with  a  title,  indica- 
ting the  nature  of  the  application,  and  the  district,  town  and  county  where  tho 
matter  arose,  together  with  the  post-office  address  of  the  person  transmitting 
them.  Though  these  may  appear  trifling  minutioe,  the  neglect  of  them  pi'O- 
duces  great  embarrassment  and  delay  in  a  public  office  which  is  burdened  with 
a  very  extensive  correspondence. 
3 


IS  School  Commissioners. 

§  1 9.  He  shall  prepare  suitable  registers,  blanks,  forms  and  reg- 
ulations for  making  all  reports  and  conducting  all  necessary- 
business  under  tliis  act,  and  shall  cause  the  same,  with  such  infor- 
mation and  instructions  as  he  shall  deem  conducive  to  the  proper 
organization  and  government  of  the  common  schools,  and  the 
due  execution  of  their  duties  by  school  oiBcers,  to  be  transmitted 
to  the  officers  and  persons  intrusted  with  the  execution  of  the 
same. 

This  section  is  substantially  tlie  same  as  section  38  of  chapter  159,  Laws  of 
1819,  page  187.  The  registers  to  be  used  by  teachers  in  keeping  an  account 
of  the  attendance  at  school,  and  the  blanks  for  the  report  of  trustees  to  school 
commissioners,  are  prepared  late  in  the  summer  of  each  year,  and  are  sent  by 
the  department  to  school  commissioners ;  by  those  oiEcers  they  are  usually 
transmitted  to  town  clerks,  and  by  town  clerks  to  the  trustees  of  school 
dictricts. 

For  the  duties  imposed  upon  town  clerks  in  this  matter,  see  subdivision  5, 
section  1,  title  5,  post. 


TITLE  II. 

OF    THE    SCHOOL    COMMISSIONERS,   THEIR    ELECTION,    POWERS    AND 

DUTIES. 

Section  1.  The  office  of  school  commissioner  is  continued,  and 
the  present  incumbents  shall  continue  in  office  in  their  respective 
districts  for  the  residue  of  the  terms  for  which  they  were  elected 
or  appointed. 

§  2.  The  districts  as  organized  under  existing  laws,  and  as 
recognized  in  the  election  of  school  commissioners  at  the  annual 
election  in  eighteen  hundred  and  sixty-three,  shall  continue  to  be 
held  and  regarded  as  the  school  commissioner  districts  in  this 
State,  except  as  the  same  shall  be  altered  or  modified  by  the  Leg- 
islature. 

§  3.  The  school  commissioner  for  each  school  commissioner 
district  shall  be  elected  by  the  electors  thereof,  by  separate 
ballot,  at  the  general  election,  in  the  year  one  thousand  eight 
hundred  and  sixty-six,  and  triennially  thereafter,  and  the  ballots 
filiall  be  indorsed  "  school  commissioner."  The  laws  regulating 
the  election  of  and  canvassing  the  votes  for  county  officers  shall 


School  Commissioners.  19 

apply  to  such  elections.  And  it  shall  further  be  the  duty  of 
county  clerks,  and  they  are  hereby  required,  as  soon  as  they  shall 
have  official  notice  of  the  election  or  appointment  of  a  school 
commissioner,  for  any  district  in  their  county,  to  forward  to  the 
Superintendent  of  Public  Instruction  a  duplicate  certificate  of  such 
election  or  appointment,  attested  by  their  signature  and  the  seal 
of  the  county. 

'V\Tien  the  school  commissioner  districts  were  first  created  by  the  statute  of 
1856,  they  coincided  in  boundaries,  very  nearly,  with  the  Assembly  districts. 
Since  that  time  the  Assembly  districts  have  been  changed  in  many  counties ; 
and  the  school  commissioner  districts  have  been  altered  in  some  instances  by 
statute,  and  in  others  by  the  boards  of  supervisors,  under  section  4,  chapter 
179,  Laws  of  1856.  By  the  second  section  of  this  title  the  present  districts 
remain  unchanged,  until  altered  by  act  of  the  Legislature.  By  flie  third 
section,  the  school  commissioner  must  be  elected  on  a  separate  ballot,  and  of 
course  the  inspectors  of  election  must  pro\ade  a  separate  box. 

§  4.  The  term  of  office  of  such  commissioner  shall  commence 
on  the  first  day  of  January  next  after  his  election,  and  shall  be  for 
three  years  and  until  his  successor  qualifies.  Every  person  elected 
to  the  office,  or  appointed  to  fill  a  vacancy,  must  take  the  oath  of 
office  prescribed  by  the  Constitution,  before  the  county  clerk,  or  a 
judge  of  a  court  of  record,  and  file  it  with  the  county  clerk, 
•within  ten  days  after  the  commencement  of  the  term,  or  after 
notice  of  his  appointment ;  and  if  he  omit  so  to  do,  the  office  shall 
be  deemed  vacant. 

It  will  be  observed  that  every  school  commissioner  can  hold  his  office,  even 
after  his  term  of  three  years  has  expired,  until  the  person  elected  as  his  suc- 
cessor shall  have  taken  and  filed  his  oath  of  office,  but  not  longer  than  ten 
days. 

This  oath  must  be  in  the  following  form  ■ 

"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  he)  that  I  will  support  the  Con- 
stitution of  the  United  States,  and  the  Constitution  of  the  State  of  New  York, 
and  that  I  will  faithfully  discharge  the  duties  of  the  office  of  school  commis- 
sioner according  to  the  best  of  my  ability. 

"  Sworn  before  me  this        day  of  ,  18     ." 

This  oath  or  affirmation  must  be  subscribed  and  taken  before  the  county 
clerk,  or  a  judge  of  a  court  of  record.  It  cannot,  tlierefore,  be  taken  before 
any  other  officer.  If  the  oath  be  not  filed  within  ten  days,  then  the  office  is 
vacant,  as  the  previous  incumbent  can  hold  over  ten  days  only. 


20  School  Commissioners. 

§  5.  A  commissioner  may,  at  any  time,  vacate  liis  office,  by 
filing  liis  resignation  with  the  county  cleric.  His  removal  from  the 
county,  or  his  acceptance  of  the  office  of  supervisor,  town  clerk  or 
trustee  of  a  school  district,  shall  vacate  his  office. 

§  G.  The  county  clerk,  so  soon  as  he  has  official  or  other  notice 
of  the  existence  of  a  vacancy  in  the  office  of  commissioner,  shall 
give  notice  thereof  to  the  county  judge,  or  if  that  office  he  vacant, 
to  the  Superintendent  of  Public  Instruction.  In  case  of  a 
vacancy  the  county  judge,  or  if  there  be  no  county  judge,  then 
the  Superintendent,  shall  appoint  a  commissioner,  who  shall 
hold  his  office  until  the  first  of  January  succeeding  the  next 
general  election,  and  until  his  successor,  who  shall  be  chosen 
at  such  general  election,  shall  have  qualified.  A  person  elected  to 
fill  a  vacfancy  shall  hold  the  office  only  for  the  unexpired  term. 

§  7.  Every  school  commissioner  shall  receive  an  annual  salary 
of  eight  hundred  dollars,  payable  quarterly,  by  the  Treasurer,  on 
the  warrant  of  the  Comptroller  and  the  certificate  of  the  Superin- 
tendent of  Public  Instruction,  out  of  the  income  of  the  United 
States  deposit  fund  appropriated  to  this  purpose,  or  to  the  support 
of  common  schools. 

§  8.  Whenever  a  majority  of  the  supervisors  from  all  the  towns 
composing  a  school  commissioner  district  shall  adopt  a  resolution 
to  increase  the  salary  of  their  school  commissioner,  beyond  the 
five  hundred  dollars  payable  to  him  from  the  United  States  deposit 
fund,  it  shall  be  the  duty  of  the  board  of  supervisors  of  the  county 
to  give  effect  to  such  resolution,  and  they  shall  assess  the  increase 
etaled  therein  upon  tlic  towns  composing  such  commissioner 
district  ratably,  according  to  the  corrected  valuations  of  the  real 
and  personal  estate  of  such  towns. 

§  9.  The  board  of  supervisors  sliall  annually  audit  and  allow  to 
each  commissioner  within  the  county  the  fixed  sum  of  two  hun- 
dred dollars  for  his  expenses,  and  assess  and  levy  that  amount 
annually  by  tax  upon  the  towns  composing  his  district. 

Cliaptcv  SA,  Laws  of  1867,  increased  tlio  salary  of  tlie  school  commissioners, 
payable  from  tlic  United  States  deposit  fund,  homfue  to  eight  luuulrod  dollars 
a  year.  Altliougli  section  eight  is  not  amended  in  temis,  it  miglit  bo  considered 
amended  by  force  of  the  amendment  of  the  seventh  section,  the  words  fivo 
hundred    in   the  eiglith  section,  being  a  mere  reference  to  or  recital  of  tho 


School  Commissio^tees.  21 

eevcntli  section ;  and  for  the  further  reason  that  the  later  law  repeals  a  pre- 
vious statute. 

§  10.  Whenever  the  Superintendent  of  Public  Instruction  is 
satisfied  that  a  school  commissioner  has  ijersistcntly  neglected  to 
perform  his  duties,  he  may  withhold  his  oi-der  for  the  payment  of 
the  Aviiole  or  any  part  of  such  commissioner's  salary  as  it  shall 
become  due,  and  the  salary  so  withholden  shall  be  forfeited;  but 
the  Superintendent  may  remit  the  forfeiture,  in  whole  or  in  part, 
upon  the  commissioner  disproving  or  excusing  such  neglect. 

§  11.  A  commissioner,  upon- the  written  request  of  the  commis- 
sioner of  an  adjoining  district,  may  perform  any  of  his  duties  for 
him,  and  upon  requirement  of  the  State  Superintendent  of  Public 
Instruction  must  perform  the  same.  , 

The  j  urisdiction  of  the  school  commissioner  is  strictly  limited  to  the  district 
for  which  he  is  elected.  But  the  commissioner  may  at  times  be  necessarily 
absent,  or  he  may  from  sickness  or  injury  be  unable  to  perform  his  duties,  or 
he  may  be  incapacitated  by  some  legal  disability.  In  such  cases  his  written 
request,  or  the  requirement  of  the  Superintendent  of  Public  Instruction,  will 
call  to  Ids  aid  another  commissioner  of  an  adjoining  district. 

But  whenever  a  commissioner  is  so  called  upon  to  exercise  any  powers  or 
perform  any  duties  out  of  his  own  jurisdiction,  and  the  acts  are  of  an  impor- 
tant and  permanent  character,  such  as  ought  to  be  recorded  or  be  put  in  writing, 
as  for  instance  certificates,  or  alterations  of  districts,  he  should  in  every  written 
instrument  recite  the  written  request,  mider  which  he  is  acting,  substantially 
or  in  full.  It  would  also  be  advisable  to  file  such  written  request  in  the  oflaco 
of  the  county  clerk,  for  safe  keeping  and  future  reference,  in  case  any  question 
should  arise  as  to  the  validity  of  lus  acts. 

§  12.  No  school  commissioner  shall  act  as  agent  for  any  author, 
publisher  or  bookseller,  nor  directly  or  indirectly  receive  any  gift, 
emolument,  reward  or  promise  of  reward,  for  his  influence  in 
recommending  or  procuring  the  use  of  any  book,  or  school  appara- 
tus, or  furniture  of  any  kind  whatever,  in  any  common  school,  or 
the  purchase  of  any  book  for  a  district  library.  Any  one  who 
shall  procure  or  solicit  a  violation  of  this  provision,  or  any  part 
thereof,  shall  be  guilty  of  a  misdemeanor;  and  any  such  violation 
shall  subject  the  guilty  commissioner  to  removal  from  his  otHce  by 
the  Superintendent  of  Public  Instruction. 

A  serious  charge  against  county  superintendents  was  that  they  acted  aa 
book  agents ;  how  many,  if  any,  were  liable  to  such  a  charge  cannot  be  deter- 


22  School  Commissioners. 

mined.  Tlie  present  law  relieves  them  not  only  from  numerous  importunities, 
but  from  the  imputation  of  recommending  text  books  on  account  of  self- 
interest.  It  is  very  desirable  that  the  books  used  in  the  same  school  should  be 
uniform ;  but  it  is  not  desirable,  among  the  first  and  prominent  acts  of  the 
commissioners,  to  make  a  general  change  of  text  books.  The  reforms  in  the 
schools  depend  more  upon  the  teacher  than  upon  the  influence  of  any  series 
of  books. 

§  13.  Every  commissioner  shall  have  powei*,  and  it  shall  be  his 
duty: 

1.  From  time  to  time  to  inquire  and  ascertain  whether  the 
boundaries  of  the  school  districts  within  his  district  are  definitely 
and  plainly  described  in  the  records  of  the  proper  town  clerks  ; 
and  in  case  the  record  of  the  boundaries  of  any  school  district 
shall  be  found  defective  or  indefinite,  or  if  the  same  shall  be  in 
dispute,  then  to  cause  the  same  to  be  amended,  or  an  amended 
record  of  the  boundaries  to  be  made. 

2.  To  visit  and  examine  all  the  schools  and  school  districts 
within  his  district  as  often  in  each  year  as  shall  be  practicable ;  to 
inquire  into  all  matters  relating  to  the  management,  the  course 
of  study  and  mode  of  instruction,  and  the  text  books  and  discipline 
of  such  schools,  and  the  condition  of  the  school-houses,  sites,  out- 
buildings and  appendages,  and  of  the  district  generally;  to  exam- 
ine the  district  libraries ;  to  advise  with  and  counsel  the  trustees 
and  other  officers  of  the  districts  in  relation  to  their  duties,  and 
particularly  in  respect  to  the  construction,  warming  and  ventila- 
tion of  school-houses,  and  the  improving  and  adorning  of  the 
school  grounds  connected  therewith ;  and  to  recommend  to  the 
trustees  and  teachers  the  proper  studies,  discipline  and  manage- 
ment of  the  schools,  and  the  course  of  instruction  to  be  pursued. 

3.  Upon  such  examination,  to  direct  the  trustees  to  make  any 
alteration  or  repair  on  the  school-house  or  out-buildings  which 
shall,  in  his  opinion,  be  necessary  for  the  health  or  comfort  of  the 
pupils,  but  the  expense  of  making  such  alterations  or  repairs  shall 
in  no  case  exceed  the  sum  of  two  liundred  dollars,  unless  an  addi- 
tional sum  shall  be  voted  by  the  district.  He  may  also  direct  the 
trustees  to  abate  any  nuisance  in  or  upon  the  premises,  provided 
the  same  can  be  done  at  an  expense  not  exceeding  twenty-five 
dollars. 

4.  In  concurrence  with  the  supervisor  of  the  town  in  which  a 
Bchool-house  is  situated,  by  an  order  under  their  hands,  reciting 


School  Commissionees.  23 

the  reason  or  reasons,  to  condemn  such  school-house,  if  they  deem 
it  wholly  unfit  for  use  and  not  worth  repairing,  and  to  deliver 
the  order  to  the  trustees,  or  one  of  them,  and  transmit  a  copy  to 
the  Superintendent  of  Public  Instruction.  Such  order,  if  no  time 
for  its  taking  effect  be  stated  in  it,  shall  take  effect  immediately. 
They  shall  also  state  what  sum,  not  exceeding  eight  hundred  dol- 
lars, will,  in  their  opinion,  be  necessary  to  erect  a  school-house 
capable  of  accommodating  the  children  of  the  district.  Immedi- 
ately upon  the  receipt  of  said  order,  the  trustee  or  trustees  of  such 
district  shall  call  a  special  meeting  of  the  inhabitants  of  said  dis- 
trict, for  the  purpose  of  considering  the  question  of  building  a 
school-house  therein.  Such  meeting  shall  have  power  to  deter- 
mine the  size  of  said  school-house,  the  material  to  be  used  in  its 
erection,  and  to  vote  a  tax  to  build  the  same ;  but  such  meeting 
shall  have  no  power  to  reduce  the  estimate  made  by  the  commis- 
sioner and  supervisor  aforesaid  by  more  than  twenty-five  per  cent 
of  such  estimate.  And  where  no  tax  for  building  such  house  shall 
have  been  voted  by  such  district,  within  thirty  days  from  the  time 
of  holding  the  first  meeting  to  consider  the  question,  then  it  shall 
be  the  duty  of  the  trustee  or  trustees  of  such  district  to  contract 
for  the  building  Of  a  school-house  capable  of  accommodating  the 
children  of  the  district,  and  to  levy  a  tax  to  pay  for  the  same, 
which  tax  shall  not  exceed  the  sum  estimated  as  necessary  by  the 
commissioner  and  supervisor  as  aforesaid,  and  which  shall  not  be 
less  than  such  estimated  sum,  by  more  than  twenty-five  per  cent 
thereof  But  such  estimated  sum  may  be  increased  by  a  vote  of 
the  inhabitants  at  any  school  meeting  subsequently  called  and  held 
according  to  law. 

5.  To  examine  persons  pi'oposing  to  teach  common  schools 
within  his  district,  and  not  possessing  the  Superintendent's  certifi- 
cate of  qualification  or  a  diploma  of  the  State  normal  school,  and 
to  inquire  into  their  moral  fitness  and  capacity,  and,  if  he  find 
them  qualified,  to  grant  them  certificates  of  qualification,  in  the 
forms  which  are  or  may  be  prescribed  by  the  Superintendent. 

6.  To  re-examine  any  teacher  holding  his  or  his  predecessor's 
certificate,  and,  if  he  find  him  deficient  in  learning  or  ability,  to 
annul  the  certificate. 

1.  To  examine  any  charge  affecting  the  moral  chai'acter  of  any 
teacher  within   his  district,  first  giving  such  teacher  reasonable 


24  School  Commissionees. 

notice  of  the  charge,  and  an  opportunity  to  defend  himself  there- 
from; and,  if  he  find  the  charge  sustained,  to  annul  the  teacher's 
certificate,  by  whomsoever  granted,  and  to  declare  him  unfit  to 
teach  ;  and,  if  the  teacher  held  a  certificate  of  the  Superintendent, 
or  a  diploma  of  the  State  normal  school,  to  notify  the  Superintend- 
ent forthwith  of  such  annulment  and  declaration. 

8,  And,  generally,  to  use  his  utmost  influence  and  most  strenu- 
ous exertions,  to  promote  sound  education,  elevate  the  character 
and  qualifications  of  teachers,  improve  the  means  of  instruction 
and  advance  the  interests  of  the  schools  under  his  suj^ervision. 

Comments  upon  the  first,  third  and  fourtli  subdivisions  of  section  thirteen 
will  be  found  under  title  six,  and  the  second  article  of  title  seven.  The  remain- 
ing sections  may  be  considered  separately. 

2.  To  visit  and  examine  all  the  schools  and  school  districts  committed  to  his 
charge,  as  often  in  each  year  as  shall  be  practicable ;  to  inquire  into  all  matters 
relating  to  the  management,  the  course  of  study  and  mode  of  instruction,  and 
the  text  books  and  discipline  of  such  schools,  and  the  condition  of  the 
Bchool-houses,  out-buildings  and  appendages,  and  of  the  district  generally  ; 
to  examine  the  district  libraries  ;  to  advise  and  counsel  the  trustees  and  other 
officers  of  the  districts  in  relation  to  their  duties,  and  particularly  in  respect  to 
the  construction,  warming  and  ventilation  of  school-houses,  and  the  improving 
and  adorning  of  the  school  grounds  connected  therewith,  and  to  recommend  to 
the  trustees  and  teachers  the  proper  studies,  discipline  and  management  of  the 
schools,  and  the  course  of  instruction  to  be  pursued. 

The  duties  comprised  in  this  subdivision  may  be  stated  under  two  heads  : 

I.  Visiting  and  examining  the  schools ; 

II.  Advising  and  counseling  trustees  aud  other  _school  officers. 

I.  The  number  of  commissioners  in  the  State,  excluding  the  cities,  is  one 
hundred  and  twelve.  Each  commissioner  is  required  to  \'isit  all  the  schools  in 
his  district  each  year,  as  often  as  is  practicable.  The  number  of  districts  to  bo 
visited  hy  any  commissioner  will,  in  a  few  cases,  reach  one  hundred  and  fifty  ; 
perhaps,  in  most  cases,  will  be  less,  and  in  some  a  little  more,  than  one  hun- 
dred. Allowing  half  a  day  to  a  visit,  it  will  be  found  practicable  to  visit  each 
school  and  school  district  in  the  State  not  less  than  three  times  a  year.  It 
would  be  found  useful,  where  practicable,  to  assemble  together  two  or  three 
schools,  and  devote  a  whole  day  to  their  examination.  A  comparison  of  schools 
would  excite  emulation,  and  improve  both  scholars  and  teachers. 

Having  acquired  a  complete  and  familiar  knowledge  of  the  geography  of 
his  district,  the  commissioner  should  arrange  a  i)lan  for  visitation,  as  a  judge 
does  the  tarms  of  his  courts,  for  a  year  or  two  years.  It  would  be  well  to  print 
his  progamme,  and  distribute  it  in  every  town  and  district,  so  that  trustees  and 
pupils  and  people  may  be  prepared  for  his  visits.  The  publishers  of  news- 
papers would  be  found  ready  to  insert  the  programme  of  visitation  in  their 


School  Commissioners.  25 

papers,  aa  an  item  of  news  liiglily  important  to  their  subscribers  and  read- 
ers. 

In  addition  to  this  general  notice,  the  commissioner  sliould  give  a  particular 
notice  to  the  trustees  and  teacher  of  every  school,  of  the  day  when  he  will  be 
present  and  examine  the  school.  He  should  invite  the  trustees  to  inform  the 
parents  of  pupils  of  his  visit,  and  urge  them  to  attend. 

Examination  of  the  School. — Preparatory  to  this,  the  commissioner  should 
ascertain  from  the  teacher  the  number  of  classes,  the  studies  pursued  by  each, 
the  routine  of  the  school,  the  successive  exercises  of  each  class  during  each 
hour  of  the  day,  the  play  spells  allowed,  etc.,  and  thus  obtain  a  general  knowl- 
edge of  the  school,  which  will  be  fomid  greatly  to  facilitate  his  subsequent 
duties.  Every  commissioner  is  enjoined  to  call  for  and  examine  the  list  of 
scholars  in  the  book  which  the  statute  requires  the  teacher  to  keep,  iu  order 
that  he  may  see  whether  the  names  are  correctly  and  neatly  entered.  He 
should  be  particular  in  his  examination  of  the  record  of  attendance,  and,  in 
case  it  be  not  kept  according  to  the  plan  prescribed  in  the  directions  accom- 
panying the  register,  he  should  call  the  attention  of  the  teacher  to  his  omis- 
sions or  neglect,  and  instruct  him  how  to  keep  it  correctly.  Young  teachers 
often  find  difficulty  in  following  the  plainest  rules,  and  the  commissioner  wiU 
serve  them  and  the  people  of  the  districts,  by  exacting  from  the  teachers  con- 
stant care  as  to  the  safety,  neatness,  and  correctness  with  which  they  keep  tho 
school  registers.  The  commissioner  should  not  omit  tj  inform  them  of  their 
duty  to  keep  the  registers  under  lock  and  key,  and,  at  the  close  of  their  schools, 
to  make  oath  to  their  being  correctly  kept,  and  to  deliver  them,  in  good  order, 
to  the  district  clerk. 

The  commissioner  will  then  hear  each  class  recite  the  ordinary  lesson  of  the 
day.  It  will  then  be  examined  on  the  subjects  of  study.  Generally  it  will  bo 
better  to  allow  the  teacher  to  conduct  the  exercises  and  exaniiuatious,  as  tho 
pui)ils  will  be  less  likely  to  be  intimidated,  and  an  opportunity  will  be  given 
of  judging  of  his  qualifications. 

To  enable  him  to  compare  the  school  with  itself  at  another  time,  and  with 
other  schools,  and  to  comply  with  the  regulations  hereinafter  contained  respect- 
ing the  annual  reports,  the  commissioner  should  keep  notes  of  his  observations, 
and  of  the  information  he  obtains  on  all  the  subjects  on  which  he  is  required 
to  report ;  and  he  should  particularly  note  any  peculiarities  which  seem  to 
require  notice  in  the  mode  of  instruction,  in  the  government  and  discipline  of 
the  school,  and  the  appearance  of  the  pupils  in  respect  to  their  cleanliness  of 
person  and  neatness  of  apparel. 

II.  Advising  and  consulting  with  other  ofiicers  of  the  district. 

This  duty  is  by  the  act  especially  enjoined  upon  commissioners.  The  law, 
in  the  broadest  terms,  requires  them  to  advise  and  counsel  the  trustees  and 
other  school  officers  in  relation  to  all  their  duties. 

The  performance  of  this  duty  will  demand  great  care  and  circumspection. 
It  should  be  constantly  borne  in  mind  that  the  office  of  an  adviser  and  coun- 
selor is  to  ascertain  facts  and  learn  the  true  condition  of  things,  and  then  to 
suggest  and  propose  improvements  and  remedies.  Interrogatories  judiciously 
4 


26  School  Commissioners. 

aimed  at  abuses,  errors,  mistakes  and  omissious,  will  call  attention  to  them  as 
clearly  as  if  they  were  condemned  outright,  and  at  the  same  time  give  no 
offense. 

The  advice  and  counsel  needed  will  generally  come  under  the  heads  of 
proper  studies  ;  the  discipline  and  conduct  of  the  school ;  the  course  of  instruc- 
tion ;  the  elementary  books ;  the  erection  of  school-houses ;  and  the  ability  of 
the  district  to  maintain  a  school. 

1.  The  proper  studies. — These  vary  with  the  age  and  advancement  of  the 
scholars.  The  great  object  of  the  common  schools  is,  unquestionably,  to 
instruct  the  youth  of  the  State  in  the  ordinary  branches  of  a  good  English 
education.  To  spell,  to  read  and  write,  should  be  the  first  care.  As  soon  as  a 
child  can  write,  spelling  and  writing  should  be  one  exercise.  The  meaning 
of  the  words  spelled  should  also  be  explained  to  the  scholar,  as  a  great  assist- 
ance to  the  memory.  Correct  spelling  and  a  clear  comprehension  of  the  words 
are  essential  to  good  reading.  A  distinct  articulation  of  every  syllable  is  tho 
most  important  requisition.  A  correct,  and  not  too  forcible  accent,  an  utter- 
ance neither  too  rapid  nor  too  slow,  and  a  clear  understanding  of  the  subject, 
are  also  important  requirements. 

The  commissioner  will  carefully  note  the  capabilities  of  the  scholars,  and 
their  grade  of  improvement,  and  advise  that  no  studies  be  imposed  or  permit- 
ted until  the  pupil  can  enter  upon  them  understandingly.  The  hill  of  science 
must  be  climbed  Avith  patient  assiduity,  step  by  step.  Some  may  be  able  to 
step  faster  than  others ;  but  whoever  attempts  to  overleap  any  of  its  acclivities 
will  be  sure  to  fall  back  and  be  compelled  to  start  anew. 

2.  The  discipline  and  conduct  of  the  school. — The  commissioners  cannot  too 
Btrongly  inculcate  the  necessity  of  a  pimctual  and  continuous  attendance  during 
school  hours  for  the  whole  term.  Teachers  should  be  advised  to  insist  upon 
this.  The  fir.st  hour  of  a  session,  in  the  morning  or  afternoon,  should  not  be 
interrupted  by  the  noisy  dropping  in,  every  few  minutes,  of  truant  and  tardy 
children.  The  interruption  is  not  the  worst  of  the  evil.  The  want  of  punctu- 
ality involves  the  loss  of  time  that  should  be  applied  to  study ;  and  the  tardy 
and  often  absent  soon  lag  behind  their  associates,  become  disheartened,  relax 
their  efforts,  and  finally,  in  many  cases,  acquire  a  habit  of  irregularity,  iusub- 
ordination  and  negligence,  which  marks  their  character  through  life. 

Order  and  system  should  prevail  in  the  whole  conduct  of  the  school.  The 
routine  of  recitations  and  other  exercises  should  be  regular  and  seldom 
changed.  Tlie  pupils  should  give  a  ready  obedience  to  the  commands  of  the 
teacher,  and  a  strict  compliance  with  rules  and  regulations  should  be  exacted. 
Pupils  should  be  instructed  that  these  commands,  rules  and  regulations  aro  not 
Imposed  upon  them  as  a  restraint  or  humiliation,  but  for  their  good,  as  the 
best  means  of  expediting  the  solo  business  of  the  school,  their  acquisition  of 
knowledge. 

The  commissioners  should  also  observe  wliether  the  teachers  possess  the 
respect  of  thoir  scholars,  and  whether  their  deportment  in  and  out  of  the  school 
is  such  as  to  preserve  it.  They  should  particularly  note  how  the  authority  of  the 
teacher  is  maintained  ;  whether  it  is  the  result  of  a  mild  and  conciliating,  but 


School  Commissioners.  27 

firm  and  steady  government,  or  whether  it  is  an  unwilling  submission  to  tho 
arbitrary  rule  of  a  high  temper  and  the  fear  of  the  rod. 

3.  The  course  of  instruction. — The  order  of  studies  which  long  experience  has 
decided  to  be  best,  and  which  is  generally  followed,  is,  the  alphabet,  spell- 
ing, reading,  arithmetic,  geography,  history  and  grammar.  To  learn  the 
names  of  tilings  is  among  the  earliest  efforts  of  the  infant  mind.  It  is  the 
work  of  several  years  to  master  the  simplest  combinations  of  language.  In 
teaching  the  elements  of  knowledge,  therefore,  great  discretion  and  discrimi- 
nation are  necessary  in  graduating  instruction  to  the  capacity  of  pupils.  Pri- 
mary books  should  contain  only  familiar  household  words  and  the  commonest 
forms  of  speech.  When  these  have  been  mastered,  others  of  a  higher  grade 
should  be  substituted ;  and  the  pupil  should  be  all  the  time,  insensibly  but 
constantly,  climbing  an  ascending  grade. 

The  four  simple  rules  of  arithmetic  are  easily  taught,  not  by  arbitrary  rules 
and  a  few  examples,  but  by  continual  practice  and  repetition,  with  blocks  or 
balls,  by  which  the  numbers  are  represented  to  the  eye.  The  little  boy  who 
Bells  newspapers,  or  peddles  peanuts  and  apples,  will  learn  in  a  few  weeks  all 
the  combinations  of  simple  numbers,  less  than  one  hundred,  ■\\ithout  having 
ever  heard  of  Colbum  or  Emerson.  Make  a  purchase  of  him,  and  hand  him  a 
quarter  of  a  dollar,  and  he  will  make  his  computation  and  give  you  the  change 
as  promptly  as  the  readiest  bank  teller. 

Geography,  by  means  of  maps,  charts  and  globes,  may  be  taught  at  a  very 
early  age.  History  requires  a  more  advanced  age.  The  study  of  history  and 
geography  may  be  combined.  In  the  course  of  the  reading  lessons,  and  during 
the  lesson  in  history,  whenever  a  place  is  named  the  pupil  should  be  required 
to  point  it  out  on  the  map.  A  daily  newspaper  may  be  of  essential  service  in 
teacliing  geography  and  current  history.  The  use  of  a  map,  with  a  daily  paper, 
■will  very  soon  make  the  pupils  acquainted  with  all  the  principal  commercial 
ports  and  political  divisions  of  every  part  of  the  world.  Geography  and  history, 
thus  learned,  would  be  indelibly  impressed  upon  the  memory.  Biography, 
however,  has  a  charm  for  the  very  young,  and  many  brief  narratives  might  be 
made  a  part  of  tho  school  exercises.  Grammar,  treating  of  the  structure  and 
composition  of  language,  is  a  difficult  study,  and  should  not  be  undertaken  till 
the  mind  of  the  pupil  has  attained  a  maturity  and  strength  capable  of  compar- 
ing, analyzing  and  combining  phrases  and  sentences.  To  read,  to  speak  and 
to  write,  correctly  and  elegantly,  may  all  be  learned  without  consulting  a 
grammar.  But  a  knowledge  of  English  grammar  is  a  very  important  part  of 
a  good  conomon  education,  and  its  study  a  very  useful  exercise  of  the  intellectual 
powers. 

4.  Boolcs  of  elementary  instruction. — Within  the  last  few  years  a  great  improve- 
ment has  been  made  in  elementary  books.  A  great  many  series  of  books, 
elucidating  and  illustrating  every  branch  of  education  in  our  common  schools, 
have  been  published.  None  of  them  are  so  defective  as  to  require  exclusion 
from  the  schools,  and  none  of  them  are  comparatively  so  superior  to  others  as  to 
merit  particular  recommendation.  Trustees  should  be  advised  not  to  permit  every 
new  teacher  to  introduce  a  new  set  of  books.    A  teacher  is  very  poorly  quail- 


28  School  Commissioners. 

fieri  who  cannot  use  one  set  of  text  books  as  well  as  another.  The  trustees 
should  exercise  their  authority,  in  relation  to  text  books,  to  prevent  any  unnec- 
essary change,  and  to  preserve  an  uniformity.  Classes  of  the  same  grade 
should  have  the  same  books. 

Whenever  the  commissioner  finds  in  any  school  a  number  of  pupils  of  the 
same  standing  using  different  books,  and  classed  separately,  he  should  point 
out  the  evil,  by  showing  how,  if  all  had  the  same  books,  one  class  and  one 
recitation  would  suffice  for  all,  and  the  teacher's  corrections  and  observations, 
repeated  to  several  classes,  might  be  limited  to  one,  and  much  valuable  time 
of  pupils  and  teacher  be  saved. 

Where  the  evil  of  a  variety  of  text  books  prevails,  it  might  not  be  advisable 
to  compel  uniformity  by  an  immediate  change  of  books.  The  ^trustees  could 
however  decide  i;pon  the  text  books  to  be  used,  and  require  every  scholar  who 
should  afterward  have  occasion  to  purchase  a  new  book  to  conform  to  their 
decision. 

In  cities  and  large  villages,  the  adoption  of  uniform  text  books  is  a  pecuniary 
advantage  to  the  people,  particularly  to  the  transient  population  that  frequently 
move  from  one  district  to  another,  and  are  generally  least  able  to  purchase  new 
books.  But  the  positive  necessity  of  uniformity  is  not  so  apparent  in  rural 
districts.  The  inhabitants  there  do  not  often  change  their  residence.  It  is  not 
best  to  be  indifferent  as  to  the  merit  of  text  books,  but  to  exercise  prudence  in 
recommending  them.  It  is  desirable  that  the  people  should  understand  that 
v\  hile  the  interests  of  their  children  command  the  first  attention,  the  subject  of 
expenses  has  also  a  fair  consideration.  Their  confidence  and  co-operation  will 
thus  be  secured. 

5.  Sclwol-lwuses  and  grounds. — It  is  highly  important  that  an  earnest  appeal  be 
made  to  the  trustees  and  inhabitants  of  the  several  school  districts  to  give 
attention  to  the  condition  and  improvement  of  school-houses  and  grounds.  It 
is  not  possible  to  have  schools  high  toned  and  in  healthy  spirit  where  inatten- 
tion to  comfort  and  beauty  exists.  If  any  element  of  character  unfavorable  to 
order  and  progress  is  called  into  morbid  activity,  it  may  often  be  traced  to  this 
source. 

Health  of  body  and  vigor  of  mind  should  be  carefully  regarded.  There 
should  never  be  too  long  confinement  in  school  rooms.  Pure  air  is  absolutely 
indispensable.  It  has  been  suggested,  by  distinguished  writers  on  education, 
that  six  hours  of  daily  confinement  will  impair  the  health  of  the  great  majority 
of  pupils ;  that,  witli  the  very  best  ventilation,  no  school  room  containing  a 
score  or  more  of  children  can  be  as  healthy  as  the  open  air ;  hence,  that  no 
pupil  should  be  kept  in  school  for  a  longer  time  than  is  necessary  to  fix  his 
attention  upon  his  lessons.  Ci'rowth  and  development  of  body  are  indispensa- 
ble to  the  future  well-being  of  the  child  and  to  realize  the  ideal  of  a  well 
constituted  man  or  woman.  To  this  end  the  enjoyment  of  pure,  fresh  air, 
unconstrained  attitudes  of  body,  ample  exercise  and  exhilarating  play,  are 
absolutely  necessary ;  and  the  school-house,  its  location  and  grounds,  should 
supply  these  wants.  The  mind  of  every  child  craves,  receives  and  assimilates 
knowledge.     Wo  should  so  adapt  our  educational  facilities  that  the  desire  for 


School  Commissioners.  29 

intellectual  acquirement  shall  remain  through  life  vmimpaired.  But  very  many 
children  are  so  stupefied  by  the  noxious  air  which  they  are  compelled  to 
breathe  six  hours  every  day,  their  vital  apparatus  so  wearied,  that  they  acquire 
an  abhorrence  of  school  and  a  disgust  for  study  Avhich  are  never  eradicated. 
It  is  in  the  nature  of  things  that  any  exertion,  connected  with  physical  suffer- 
ing or  oppressive  sense  of  constraint,  induces  repugnance.  Hence,  in  spite  of 
the  efforts  employed  to  impress  such  children  with  an  earnest  conviction  of  the 
importance  of  a  good  education,  they  regard  the  school  room  as  a  prison,  the 
vacations  as  seasons  of  delight,  and  adult  age  as  the  era  of  emancipation  from 
an  arduous  bondage. 

It  is  the  vocation  of  the  commissioners  to  discover  and  suggest  a  correction 
for  these  evils.  When  they  visit  school-liouscs,  they  should  notice  whether 
they  are  properly  located.  Many  are  situated  on  the  line  of  the  highway. 
They  should  be  removed  from  it  sufficiently  far  to  escape  the  noise,  dust  and 
other  inconveniences.  If  they  are  old,  and  a  few  boards  and  shingles  and 
a  little  paint  will  improve  their  external  appearance,  and  make  them  internally 
more  safe  and  comfortable,  surely  they  should  be  applied.  If  the  doors  are 
broken  or  the  seats  and  desks  marred,  they  should  be  repaired  and  adapted  to 
the  physical  comfort  of  the  pupils ;  if  the  grounds  need  grading,  it  should  be 
done  ;  if  pools  of  stagnant  water  are  near,  they  should  be  drained  and  filled  ; 
if  proper  fencing  is  required,  let  the  subject  receive  prompt  attention.  Trees 
should  be  planted,  shrubs  and  flowers  should  be  set.  Let  free  application  be 
made  of  broom,  brush  and  lime,  to  renovate  the  internal  economy  of  the  school 
room.  Willing  hands  enough  can  be  found  in  every  school  district  to  make  all 
the  improvements  suggested,  provided  attention  is  directed  to  their  importance. 
Certainly  it  is  the  school-house,  if  any  building,  Avliich  ought  to  be  constructed 
and  preserved  with  care  and  surrounded  with  pleasant  scenery.  Few  parents 
would  reside  in  a  dwelling  constructed  with  as  little  regard  to  beauty  and  com- 
fort as  are  many  of  our  school-houses.  They  should  care  as  well  for  the  place 
where  their  children  congregate  for  instruction.  They  should  be  impressed 
with  the  conviction,  that  there  the  associations  of  nature  and  art  should  bo 
attractive,  to  secure  on  the  part  of  scholars  a  love  for  their  school ;  that  associ- 
ations with  order  and  beauty  give  birth,  in  the  minds  of  the  young,  to  pure 
and  holy  emotions,  whose  happy  influence  will  establish  them  in  purity  of 
desire  and  thought. 

The  attention  of  trustees  should  be  called  to  this  subject ;  and,  if  possible, 
they  should  be  induced  to  appoint  a  suitable  day  for  making  necessary  improve- 
ments and  embellishments.  Let  the  matrons  and  maids  assist.  Let  the 
children  participate  in  the  work ;  they  should  share  the  pleasure  and  receive 
the  lesson  it  would  teach. 

5.  To  examine  persons  proposing  to  teach  common  schools  within  his 
district,  and  not  possessing  the  Superintendent's  certificate  of  qualification  or  a 
diploma  of  the  State  normal  school,  and  to  intjuirc  into  their  moral  fitness  and 
capacity,  and,  if  he  find  them  qualified,  to  grant  them  certificates  of  qnalifici- 
tion,  in  the  fonns  which  aro  or  may  be  prescribed  by  the  Superintendent. 


30  School  Commissioners. 

The  commissioners,  being  the  only  persons  in  their  Bsveral  districts  author- 
ized to  grant  certificates,  should  be  prepared  to  make  examinations  whenever 
making  their  round  of  visitations.  To  afford  every  reasonable  accommodation 
to  persons 'who  may  offer  themselves,  they  should  appoint  some  particular  day 
and  place,  in  each  town,  where  they  will  be  in  readiness  to  examine  teachers. 
It  would  also  be  well  to  give  notice  in  the  county  papers  in  the  spring  and  fall, 
ji.ist  before  the  summer  and  winter  terms  generally  commence,  of  certain 
times  and  places  at  which  applications  may  be  made  to  them  for  licenses.  Such 
notices  would  probably  bring  together  several  applicants,  and  thereby  lessen 
the  labor  and  time  required  for  examination.  One  or  more  hours  of  each  day 
might  be  set  apart  for  this  purpose,  at  the  time  of  holding  a  teachers'  institute. 

The  examination  should  be  confined  to  ascertaining  the  qualifications  of  can- 
didates, under  three  heads,  viz. :  in  respect,  first,  to  moral  character ;  second, 
learning ;  third,  ability. 

First.  The  testimonials  as  to  moral  character  should  be  full  and  explicit,  and 
should  be  from  persons  long  and  intimately  acquainted  with  the  applicant. 
This  is  no  unimportant  matter ;  and  this  department  establishes  it  as  a  positive 
regulation,  that  no  certificate  is  to  be  granted  without  entire  satisfaction  on 
this  point.  The  training  of  youth  must  not  be  committed  to  persons  of  bad 
manners  and  questionable  morals.  Children  will  necessarily  be  more  or  less 
influenced  by  the  example  of  their  teachers,  whose  principles,  therefore,  should 
be  such  as  to  inspire  confidence,  and  whose  behavior  worthy  of  imitation. 

The  commissioner  will  be  careful  not  to  push  his  inquiries  beyond  the  field 
of  morals,  and  extend  them  into  the  debatable  ground  of  opinion,  religious  or 
political.  All  he  can  ask  is  that  the  applicant  shall  hold  a  fair  reputation,  free 
from  the  reproach  of  crime,  or  any  taint  of  immorality.  He  would  be  justified 
in  rejecting  a  noisy  zealot,  with  manners  rude,  obtrusive  and  offensive,  indicat- 
ing uncurbed  passions  and  unsound  principles,  liable  to  render  him  obnoxious 
to  the  inhabitants  and  unfit  for  a  teacher  of  youth.  The  use  of  intoxicating 
liquors  would  be  a  serious  objection  to  the  character  of  a  teacher.  Temperance 
and  sobriety  should  be  demanded  of  every  applicant.  The  objection  is  to  the 
drinking  of  spirituous  liquors,  and  not  to  drunkenness  only.  Persons  under 
the  influence  of  intoxicating  drinks  seldom  act  calmly  and  deliberately,  but  aro 
liable  to  outbreaks  of  passion,  moments  of  petulance,  seasons  of  unnatural 
excitement  or  depression,  entirely  unfitting  them  for  the  government  of  a 
school  or  the  management  of  young  people. 

The  man  who  puts  the  inebriating  cup  to  the  lips  of  a  child  is  instinctively 
execrated,  and  no  voice  is  ever  raised  to  justify  the  inhuman  act.  However 
besotted  and  degraded  a  man  may  be,  he  would  be  glad  to  have  his  children 
grow  up  pure,  temperate  and  respected.  In  all  nations,  and  all  ages,  the  cor- 
rupters of  youth  have  been  stigmatized  as  the  worst  enemies  of  society  and  of 
the  State.  A  rule,  therefore,  which  excludes  from  the  office  of  teacher  the 
habitual  drinker  of  intoxicating  liquors,  harmonizes  with  the  better  feelings  of 
the  inebriate  himself,  as  well  as  with  the  general  sense  of  mankind 

Second.  As  to  the  learning  of  applicants. 


School  Commissioneks.  31 

The  improvement  in  text  books,  the  use  of  charts  and  philosophical  appa- 
ratus, and  the  general  diffusion  of  knowledge,  have  raised  the  standard  of 
qualification  for  teachers  within  the  last  ten  years.  Not^^dthstanding  the 
faults  and  defects  of  our  school  system,  there  is  abundant  proof  that  it  has 
produced  fruit  an  hundred  fold,  and  that  our  common  schools,  throughout  the 
State,  are  now  the  best  schools,  and  have  almost  entirely  superseded  private 
instruction.  While,  therefore,  teachers  must  bear  an  examination  on  the  same 
subjects  as  formerly,  a  much  more  minute,  accurate  and  extensive  knowledge 
of  them  is  required. 

In  spelling,  reading  and  penmanship,  they  are  expected  to  be  proficients,  and 
they  should  also  be  well  versed : 

1.  In  the  definition  of  words  ; 

2.  In  arithmetic,  mental  and  written  ; 

3.  In  geography ; 

4.  In  the  use  of  charts,  globes  and  school  apparatus ;       • 

5.  In  the  principles  of  English  grammar;  and, 

6.  In  the  history  of  the  United  States,  England,  and  of  Europe  generally, 
and  in  universal  history ; 

7.  In  the  science  of  government,  at  least  they  should  know  the  character  and 
operation  of  our  own  State  and  national  governments. 

In  a  large  majority  of  the  schools,  a  limited  acquaintance  with  the  last  two 
heads  is  admissible,  if  the  applicant  is  familiar  with  the  other  branches. 

It  may  be  advisable,  also,  if  the  power  is  exercised  with  due  discretion,  to 
grant  certificates  permitting  the  holder  to  teach  a  particular  school,  or  to 
occupy  the  post  of  an  assistant  in  departmental  schools.  The  same  extent  and 
degree  of  knowledge  is  not  needed  to  fill  a  subordinate  place,  and  hear  recita- 
tions in  primary  classes,  as  to  take  charge  of  a  large  school.  Many  summer 
schools  may  also  be  profitably  intrusted  to  young  girls,  not  qualified  by  age, 
education  or  experience  to  take  charge  of  large  schools. 

In  some  schools,  especially  in  high  and  union  free  schools,  the  range  of 
examination  might  include  the  higher  branches  of  mathematics,  physiology 
and  mental  philosophy. 

In  all  casses  a  familiarity  with  the  current  history  of  the  present  time, 
gathered  from  newspapers,  should  be  required. 

Third.  Ability  to  teach.  This  implies  something  more  than  good  character 
and  mere  learning.  A  faculty  of  imparting  knowledge  is  essential  to  success 
as  a  teacher.  The  management  of  a  school  requires  a  certain  tact  in  dealing 
with  children ;  a  patience  and  good  nature  not  possessed  by  every  one,  and  by 
very  few  in  the  same  degree.  The  commissioners,  by  general  inquiries  and  by 
pertinent  questions  to  the  applicant,  on  personal  examination,  may  form  a  very 
fair  judgment  of  his  qualifications  in  these  respects.  Subsequently,  their 
observations  on  visiting  the  schools  will  enable  them  to  correct  their  judgment. 
Certificates,  in  the  first  instance,  should  be  granted  for  a  term  not  exceeding  a 
year.  A  second  one  should  not  be  given  to  a  person  whose  ill  nature,  or  petu- 
lance, or  want  of  tact,  or  incapacity  to  impart  instruction,  disqualifies  him  for 
the  proper  government  of  a  school. 


32  School  Commissioners. 

Having  satisfied  themselves  of  tlie  qualifications  of  the  applicant,  the  com- 
missioners will  grant  certificates,  in  the  following  forms. 

Certificate  of  the  First  Grade. 
To  ALL   TO   WHOM    THESE   PRESENTS    SHALL    COME :    Be    IT    KNOWN,    that 

I,  ,  school  commissioner  for  the  district,  in  the  county  of 

,  having  examined  A.  B.,  and  having  ascertained  his  qualifications 

in  respect  to  moral  character,  learning  and  ability  to  instruct  a  common  school, 

DO  hereby  certify  that  he  is  duly  qualified,  and  that  his  experience  in  and 

devotion  to  the  profession  entitle  him  to  the  rank  of  a  teacher  of  the  first 

GRADE,  and  he  is  accordingly  hereby  licensed  to  teach  any  common  school  in 

this  district  for  three  years  from  this  date. 

Given  under  my  hand,  this  day  of  ,  in  the  year  one  thousand 

eight  himdred  and 

CD. 

Certificate  of  the  Second  Grade. 

To  ALL  TO  WHOM  THESE  PRESENTS  SHALL  COME:  Be  IT  KNOWN,  that 
I,  ,  school  commissioner  for  the  district,  in  the  county  of 

,  having  examined  ,  and  having  ascertained  his  qualifica- 

tions in  respect  to  moral  character,  learning  and  ability  to  instruct  a  common 
school,  DO  HEREBY  CERTIFY,  that  he  is  qualified  and  entitled  to  the  rank  of  a 
teacher  of  the  second  grade,  and  he  is  accordingly  licensed  to  teach  com- 
mon schools  m  any  town  in  this  district  for  the  term  of  one  year  from  this 
date. 

Given  under  my  hand,  this  day  of  ,  in  the  year  one  thousand 

eight  luindred  and 

CD. 

Third  Grade — Limited  Fo^ms. 

To  ALL  TO  WHOM  THESE  PRESENTS  SHALL  COME:  BE  IT  KNOWN,  that 
I,  ,  school  commissioner  for  the  district,  in  the  county  of 

,  having  examined  A.  B.,  and  having  ascertained  his  qualifications 
in  respect  to  moral  character,  learning  and  ability  to  instruct  a  common  school, 
DO  HEREBY  CERTIFY  that  he  is  entitled  to  the  rank  of  a  teacher  of  the  third 
GRADE,  and  is  qualified  to  teach  the  school  in  District  No.  ,  in  the  town 

of  ,  in  this  district,  and  not  elsewhere,  and  he  is  accordingly  hereby 

licensed  to  teach  the  said  school  for  the  term  of  one  year  from  this  date. 

Given  under  my  hand,  etc.  C  D. 

Another 
To   ALL   TO  WHOM  THESE   PRESENTS  SHALL  COME:  BE   IT  KNO'SVN,  that  I, 

,  school  commissioner  for  the  district,  in  the  county  of  , 

having  examined  ,  and  having  ascertained  qualifications  in 

respect  to  moral  character,  learning  and  ability  to  instruct  a  common  school, 
DO  HEREBY  CERTIFY  that  hc  is  entitled  to  the  rank  of  a  teacher  of  the  third 


School  Commissioners.  33 

GKADE,  and  is  qualified  for  the  place  of  first  (or  second)  assistant  in  the  scliool 
in  the  district,  in  the  town  of  ,  and  is  accordingly  hereby 

LICENSED  to  teach  in  said  school  in  that  capacity  for  one  year  from  this  date. 
Given  iinder  my  hand,  etc.  C.  D, 

Another. 

To  ALL  TO  WnOM  THESE  PRESENTS  SHALL  COME :  Be  IT  KNOWN,  that 
I,  ,  school  commissioner  for  the  district,  in  the  county  of 

,  having  examined  A.  B.,  and  having  ascertained  his  qualifications 
in  respect  to  moral  character,  learning  and  ability  to  instruct  a  common  school, 
DO  HEREBY  CERTIFY  that  he  is  entitled  to  the  rank  of  a  teacher  of  the  third 
GRADE,  and  is  qualified  to  be  a  teacher  in  the  primary  department  in  the  pub- 
lic schools  in  this  district  (or  city),  and  he  is  accordingly  hereby  licensed  to 
teach  in  that  capacity  for  one  year  from  this  date. 

Given  under  my  hand,  etc.  C.  D 

Certificates  of  the  first  grade  are  intended  for  those  who  have  had  expe- 
rience in  their  profession,  who  are  endowed  by  nature  with  a  jieculiar  tact  or 
who  have  acquired  a  superior  skill,  in  the  management  of  youth  and  the  gov- 
ernment of  schools,  and  should  be  granted  to  those  only  who  can  bear  an 
examination  in  the  whole  range  of  studies  taught  in  common  schools.  Every 
qualification  heretofore  and  hereafter  indicated  as  necessary  or  valuable  in  a 
teacher  should  be  possessed.by  the  applicant. 

Candidates  for  the  second  grade  should  be  familiar  with  the  rules  of  elocu- 
tion and  pronunciation,  and  be^ble  to  read  with  ease,  intelligence  and  expres- 
sion ;  they  should  write  a  bold,  plain  hand,  and  be  able  to  teach  some  good 
system  of  writing ;  they  should  be  fully  versed  in  mental  and  commercial 
arithmetic,  and  well  fitted  to  teach  fractions,  and  the  involution  and  evolution 
of  roots ;  they  should  be  able  to  teach  bookkeeping  by  single  entry ;  they 
should  know  the  common  rules  of  orthography,  and  be  able  to  parse  any  sen- 
tence in  prose  or  poetry  submitted  to  them,  and  to  write  grammatically,  with 
correct  spelling  and  punctuation,  the  substance  of  any  passage  which  may  be 
read  to  them ;  and  be  entirely  familiar  with  the  elements  of  physical,  civil  and 
political  geography,  as  contained  in  any  common  school  geography. 

In  short,  the  second  grade  certificates  are  intended  for  those  who,  with  less 
experience  and  a  more  limited  acquaintance  with  some  of  the  higher  branches, 
have,  nevertheless,  proved  themselves  able  to  impart  to  others  what  they  have 
themselves  acquired,  and  who  have  attained  the  skill  necessary  to  govern  a 
school,  but  who,  on  account  of  their  youth  or  their  want  of  opportunity,  aro 
fully  prepared  to  teach  only  the  ordinary  studies  considered  essential  in  the 
common  schools. 

Candidates  for  the  third  grade  certificates  should  bo  required  to  spell  cor- 
rectly the  words  of  any  ordinary  sentence  dictated  by  the  commissioner ;  to 
read  distinctly  and  intelligently  any  passage  from  any  ordinary  reading  book  ; 
to  work  readily  questions  in  common  arithmetic  ;  to  understand  the  elements 
of  English  grammar,  and  to  parse  any  easy  sentence  in  proso ;  to  have  a  knowl- 
5 


34  School  Commissioners. 


of  the  elements  of  geography,  and  the  general  outlines  of  the  globe ;  to 
write  a  plain,  open  hand,  and  to  exhibit  good  taste  in  the  arrangement  of 
words  and  paragraphs ;  to  write  letters  intelligibly  and  grammatically,  and  to 
fold  and  superscribe  them  properly  ;  and  to  know  so  much  of  morals  and  disci- 
pline as  to  appreciate  the  importance  of  self-government. 

The  third  grade  certificates  are  intended  for  temporary  licenses,  to  be 
granted  to  novitiates  and  persons  who  for  lack  of  experience  or  ability  have 
need  to  acquire  the  knowledge  and>  skill  necessary  for  higher  positions. 

But  the  best  set  of  rules  and  regulations  respecting  the  examination  of  can- 
didates must,  after  all,  be  regarded  only  as  a  partial  help  to  the  commissioner. 
The  wisdom  and  justice  of  his  conclusions  will  depend  mainly  upon  his  own 
judgment.  Whatever  gift,  or  acqiurement,  or  habit  of  thought  and  action 
may  constitute  his  ideal  of  the  true  teacher,  the  applicants  will  nearly  all 
come  short  of  it.  He  can  only  look  hopefully  for  an  approximation,  and  grant 
his  certificates  to  those  who  approach  nearest  to  his  ideal. 

In  pursuance  of  the  discretion  vested  in  the  State  Superintendent  of  Public 
Instruction,  it  is  established  as  a  regulation  that  no  certificate  shall  be  gremted 
by  any  commissioner  for  a  longer  period  than  three  years.  Experience  has 
proved  the  impossibility  of  finding  one  lumdred  and  twelve  school  commission- 
ers, some  one  of  whom  will  not  injure  his  reputation  as  a  wise  and  considerate 
public  oflScer  by  granting  to  his  favorites  or  friends  these  certificates  for  the 
long  term  without  regard  to  the  high  qualifications  named.  I  wish  to  place  here 
a  strong  expression  of  my  disapproval  of  such  a  course  of  action  on  the  part  of 
any  commissioner.  Official  preferences  are  not  to  be  given  for  the  benefit 
of  any  officer  or  on  accoimt  of  the  favor  of  anj^  one,  but  solely  for  the  public 
welfare,  and  to  say  that  a  school  oflUcer  who,  when  his  term  is  about  to  expire, 
grants  certificates  to  which  teachers  are  not  entitled,  thus  embarrassing  the 
action  of  his  successor  in  oflfice,  is  unworthy  of  public  confidence,  is  expressing 
the  wrong  in  mild  terms. 

6.  To  re-examine  any  teacher  holding  his  or  his  predecessor's  cer- 
tificate, and,  if  he  find  him  deficient  in  learning  or  ability,  to  annul 
the  certificate. 

A  commissioner  may  judge  of  the  learning  of  a  person  by  questions  relating 
to  the  studies  to  be  taught  in  the  district  school.  A  searching  examination 
would  expose  ignorance  and  reveal  deficiencies.  But  ability  to  teach  may  not 
be  combined  with  learning,  and  upon  this  point  the  commissioner  must  make 
his  observations  in  school,  or  obtain  his  information  from  others.  A  person 
may  be  unfit  to  teach  from  want  of  self-control.  The  first  qualification  of  a 
good  teacher  is  the  ability  to  rule  his  own  passions,  and  keep  them  under  sub. 
jection.  If  complaints  are  made  against  any  teacher  of  exhibitions  of  bad 
temper,  of  yielding  to  ungovernable  passions,  of  cruelty  in  the  infliction  of 
punishment,  the  commissioner  should  investigate  the  charges,  and  give  the 
teacher  an  opportunity  to  refute  or  (explain  them.  If  they  are  sustained  by 
BuflGlcient  proof,  he  should  annul  the  certificate. 


School  Commissioners.  35 

Anotlicr  deficiency  may  be  in  the  ability  to  manajre  and  govern  a  school. 
Witliout  good  government,  which  secures  obedience,  keeps  good  order,  and 
commands  respect,  learning  is  of  little  avail,  for  disobedience  leads  to  disorder, 
and  in  the  midst  of  confusion  there  can  be  no  application  to  study.  In  a  young 
teacher  something  may  be  forgiven  on  this  score,  for  ability  may  be  gained  by 
experience.  But  teachers  who,  after  years  of  experience,  fall  in  government, 
should  give  up  the  profession. 

7.  To  examine  any  charge  affecting  the  moral  character  of  any 
teacher  Avitliin  his  district,  first  giving  such  teacher  reasonable 
notice  of  the  charge,  and  an  opportunity  to  defend  himself  there- 
from ;  and  if  he  find  the  charge  sustained,  to  annul  the  teacher's 
certificate,  hy  whomsoever  granted,  and  to  declare  him  unfit  to 
teach;  and,  if  the  teacher  held  a  certificate  of  the  Superintendent, 
or  a  diploma  of  the  State  normal  school,  to  notify  the  Superin- 
tendent forthwith  of  such  annulment  and  declaration. 

Wlien  complaint  is  made  of  deficiency  in  moral  character,  fiill  opportunity 
should  be  given  the  teacher  for  defense.  He  should  be  made  acquainted  with 
the  precise  charges  affecting  his  character,  and  ample  time  allowed  to  prepare 
proofs  and  bring  witnesses  to  explain  or  disprove  them. 

The  refusal  of  any  person  to  submit  to  an  examination  to  ascertain  his  quali- 
fications as  to  learning  and  ability,  or  a  failure  to  appear  and  answer  charges 
touching  his  moral  character,  after  due  notice  of  the  time  and  place  for  a  hear- 
ing, would  be  an  admission  of  incompetency  or  immorality,  as  the  case  might 
be,  sufficient  to  justify  the  annulling  of  his  certificate. 

The  mode  of  procedure  is  not  prescribed  by  the  statute  in  express  terms. 
It  will,  therefore,  be  safer  to  consider  section  37,  of  chapter  480,  Laws  of  1847, 
as  still  in  force,  and  as  controlling  the  manner  in  which  the  school  commis- 
sioner is  to  exercise  this  power. 

The  section  is  as  follows  : 

"§37.  The  town  superintendent  may  annul  any  such  certificate  given  by 
him,  or  his  predecessors  in  office,  when  he  shall  think  proper,  giving  at  least 
ten  days'  previous  notice,  in  writing,  to  the  teacher  holding  it,  and  to  tho 
trustees  of  the  district  in  which  he  may  be  employed,  of  his  intention  to  annul 
the  same." 

In  10th  Barbour's  Reports,  296,  it  Avas  held  by  the  supreme  court  that  ten 
days'  notice,  and  an  order  at  the  expiration  of  that  time,  were  necessary  to 
annul  the  certificate  of  a  teacher.  In  that  case,  the  superintendent  examined 
a  teacher  on  the  last  day  of  January,  and,  as  he  testified,  decided  him  to  bo 
incompetent  to  teach,  on  account  of  his  education  being  in  some  respects  insuf- 
ficient, and  annulled  his  certificate.  On  the  second  of  February,  he  gave 
notice  to  the  teacher  that  he  intended  to  annul  his  certificate,  and  filed  a  simi- 
lar notice  with  the  town  clerk,  "  to  take  effect  February  12th."    The  court  say 


36  School  Commissioners. 

that  the  order  annulling'  the  certificate  must  be  in  writing,  and,  commenting 
on  the  evidence  of  the  superintendent,  remark :  "  He  doubtless  fonned  the 
mental  conclusion  that  he  would  annul  the  certificate,  and  gave  notice  to  tbat 
effect.  This  was  not  a  compliance  with  the  provisions  of  the  law.  A  notice 
of  an  intention  to  do  an  act  is  not  an  actual  performance.  The  object  of  the 
statute  in  requiring  notice  was  to  fulfill  the  great  requirement  of  justice,  that 
no  man  shall  be  condemned  unheard.  The  parties  were  entitled  to  a  day 
before  the  superintendent,  of  which  they  were  to  have  ten  days'  notice.  To 
the  teacher  it  was  a  matter  of  deep  concern  that  he  should  have  an  opportu- 
nity of  resisting  a  sentence  of  degradation,  affecting  his  character  and  his  pros- 
pects of  usefulness  in  life.  It  does  not  appear  that  the  superintendent  made 
any  order  at  the  expiration  of  the  ten  days  mentioned  in  the  notice.  The  con- 
trary is  conclusively  to  be  inferred  from  the  fact  that  he  left  the  State  on  tJie 
seventh  of  February,  and  did  not  return  until  three  weeks  afterward.  It  fol- 
lows, therefore,  that  the  certificate  of  the  teacher  was  not  legally  annulled  on 
the  third  of  February,  nor  indeed  on  any  day  in  that  month." 

It  is  imdoubtedly  the  right  of  the  commissioner  to  examine  a  teacher  in 
respect  to  his  literary  qualifications,  and  to  satisfy  himself,  by  inspection  of 
his  method  of  conducting  school  exercises,  as  to  his  intellectual  and  moral 
capacity  to  teach,  without  pre^aous  notice.  A  very  unfavorable  impression 
might  often  be  formed,  and  that  justly,  which  the  teacher  could  remove  by 
showing  facts  not  apparent  iipon  the  examination. 

The  notice  may  be  in  the  following  form,  and  should  be  served  personally 
upon  the  teacher  and  upon  one  or  more  of  the  trustees  in  whose  emplopnent 
he  may  be : 

Take  notice  that  it  is  my  intention  to  annul  the  certificate  of  R.  S.,  a  teacher 
employed  in  district  No.  ,  of  the  town  of  for  want  of  sufficient 

literary  qualifications  (or  ability  to  teach,  or  whatever  the  cause  may  be), 
unless  cause  to  the  contrary  shall  be  shown  on  or  before  the  day  of 

A.  B., 

Schosl  Commissioner. 

At  the  expiration  of  the  notice,  if  the  commissioner  determine  to  annul  the 
certificate,  he  should  make  an  order  substantially  as  follows : 

Notice  having  been  given  by  mc  in  writing,  at  least  ten  days  previous  to  the 
day  of  ,  to  R.  S.,  a  teacher  employed  in  district  No.  ,  in 

the  town  of  ,  and  also  to  the  trustees  of  such  district,  of  my  intention 

to  annul  the  certificate  of  such  teacher  for  want  of  sufTicient  literary  qualifica- 
tion (or  ability  to  teach,  or  as  the  case  may  be),  unless  cause  to  the  contrary 
were  shown  on  or  before  the  day  aforesaid,  and  no  cause  having  been  shown 
(or  if  the  parties  have  appeared  to  show  cause,  after  hearing  the  ])roofs  and 
allegations  of  the  said  R.  S.  [or  the  trustees],  and  mature  deliberation  being 
thereupon  had),  it  is  hereby  ordered  that  the  certificate  of  qualification  of  tha 


School  Commissioners.  37 

said  R.  S.,  as  a  teacher  of  common  schools,  be,  for  the  cause  aforesaid,  and 
the  same  is  hereby  annulled.    Dated  this  day  of 

A.  B., 

School  Commissi:T.ir  for  ,  etc. 

If  charges  affecting  the  moral  character  of  the  teacher  be  presented,  the 
notice  should  be : 

Take  notice  that  the  following  charges,  affecting  the  moral  character  of  R.  S., 
a  teacher  employed  in  district  No.  ,  of  the  town  of  ,  have  been 

presented  by  James  Jackson,  of  the  town  of  ,  as  a  cause  for  annulling 

the  certificate  of  said  teacher,  viz. :   (Here  recite  the  charges,  in  which  the 
precise  nature,  time,  place  and  circumstances  of  the  offenses  imputed  to  the 
teacher  should  be  stated) ;  and  that  I  shall  proceed  to  examine  into  the  charges 
aforesaid,  and  to  hear  the  defense  of  the  said  teacher  at      o'clock  of  the 
day  of  ,  at  ,  in  the  town  of 

C.  O., 
School  Commissioner  for  ,  etc. 

It  is  believed  that  a  commissioner  ought  not  to  subject  a  teacher  to  the  noto- 
riety of  a  public  accusation,  unless  some  person  shall  make  complaint  to  him, 
and  sustain  it  by  his  own  oath  or  that  of  witnesses  whom  he  produces.  He 
should  ascertain  that  there  is  probable  cause  for  proceeding  in  substantially 
the  same  manner  as  a  j  ustice  of  the  peace,  to  whom  application  is  made  for  a 
criminal  warrant.  He  may,  for  this  purpose,  administer  oaths,  examine  the 
complainant  and  his  witnesses  orally,  and  reduce  their  testimony  to  -writing. 

The  charges  must  be  direct  and  positive  of  such  offenses  as  would  justify  the 
annulling  of  the  certificate.  They  ought  to  be  sufficiently  particular  to  apprise 
the  teacher  of  what  he  is  accused,  and  enable  him  to  prepare  for  defense ; 
for  example,  if  an  immoral  habit,  as  profane  swearing,  licentiousness,  intem- 
perance in  the  use  of  spirituous  liquors,  is  charged,  one  or  more  instances  of  it 
should  be  specified. 

When  the  time  for  examination  arrives,  it  is  for  the  complainant  first  to  ad- 
duce evidence  in  support  of  his  charges.'  The  accused  is  not  bound  to  offer 
any  testimony  until  something  is  proved  against  him  by  'witnesses  whom  he 
has  the  opjwrtunity  to  cross-examine.  The  preliminary  complaint  is  only  for 
the  purpose  of  putting  him  upon  trial,  but  is  not  evidence  upon  the  trial,  unless 
for  the  purpose  of  discrediting  the  witnesses,  by  showing  that  they  have  testi- 
fied differently  as  to  the  same  transaction. 

As  the  commissioner  is  required  to  report  his  action  to  the  State  Superin- 
tendent, and  as  an  appeal  may  be  taken  from  his  decision,  he  should  take  fuU 
minutes,  as  it  is  given,  as  nearly  as  possible  in  the  language  of  the  witnesses. 
It  would  be  well,  also,  though  not  indispensable,  that  the  testimony  of  each 
witness  should  be  read  over  to  and  subscribed  by  him  as  soon  as  he  has 
concluded. 


4GS3i6 


•38  School  Commissioners. 

The  statute  contemplates  a  decision  by  the  commissioner,  and  the  testimony 
may  be  needed  only  in  case  an  appeal  is  brought  from  the  decision. 

The  commissioner  should  draw  three  copies  of  his  instrument  annulling  a 
certificate,  one  of  which  he  should  keep,  and  another  serve  upon  the  teacher, 
and  the  third  send  to  the  State  Superintendent.  The  trustees,  also,  should  be 
notified  of  the  fact  immediately,  in  order  to  save  the  district  from  the  loss  of 
the  public  money  consequent  upon  the  employment  of  a  teacher  without  a 
license. 

The  commissioners  are  instructed  to  report,  once  in  three  months,  to  this 
department,  the  names  of  all  teachers  whose  certificates  have  been  annulled, 
with  the  cause  of  such  proceeding. 

They  should  also  keep  a  register  of  the  names  of  all  persons  to  whom  they 
grant  certificates  of  qualification,  with  the  date  of  each  certificate  and  the  term 
and  place  for  which  it  was  given ;  and  also  the  names  of  all  persons  whose 
certificates  are  annulled  by  them,  with  the  date,  and  the  general  reasons 
therefor. 

§  14.  Every  scliool  commissioner  shall  have  power  to  take  affi- 
davits and  administer  oaths  in  all  matters  pertaining  to  common 
schools,  but  without  charge  or  foe  ;  and,  under  the  direction  of  the 
Superintendent  of  Public  Instruction,  to  take  and  report  to  him 
the  testimony  in  any  case  of  appeal. 

It  was  not  the  design  of  this  section  to  supersede  the  present  mode  estab- 
lished by  regulation  of  presenting  testimony  upon  appeals  in  the  form  of 
written  affidavits,  but  to  enable  the  Superintendent  to  obtain  additional  light, 
where  the  written  evidence  is  conflicting,  ambiguous  or  otherwise  unsatisfac- 
tory, by  the  oral  examination  of  witnesses  before  a  commissioner.  Where  the 
Superintendent  conceives  this  necessary  or  desirable,  an  order  will  be  made  in 
the  case,  referring  it  to  the  proper  commissioner  to  hear  and  report  all  testi- 
mony which  may  be  produced  before  him  by  the  respective  parties  to  the 
appeal,  or  the  testimony  of  particular  witnesses  named  in  the  order,  or  testi- 
mony in  relation  to  particular  issues  specified.  The  range  of  inquiry  will  bo 
limited  by  the  terms  of  the  order. 

Upon  receiving  the  order,  the  commissioner  will  give  notice  to  both  parties 
of  the  time  and  place  at  which  he  will  hear  the  evidfeuce  to  be  produced  by  them 
respectively,  if  the  reference  is  general,  or  of  the  witness  named,  or  in  relation 
to  particular  issues  or  subjects  of  inquiry,  if  the  reference  is  limited  in  either 
respect.  At  the  time  and  place  a])pointcd,  the  commissioner  will  administer  an 
oath  to  the  witnesses  in  the  following  form  : 

You  swear  (or  declare  and  affirm)  that  the  evidence  you  shall  give  ujion  this 
hearing,  under  the  order  of  the  Superintendent  of  Public  Instruction,  on  the 
appeal  of  (reciting  the  title  of  the  proceeding  as  the  same  is 

given  in  the  entitling  of  the  order),  shall  be  the  truth,  the  whole  truth,  and 
nothing  but  the  truth,  so  help  you  God. 


School  Coitmissioners.  39 

Tlie  evidence  of  eacli  Avitness  on  liis  direct  examination  should  be  reduced  to 
■writing,  read  over  to  the  witness,  any  additions  or  corrections  he  desires 
to  make  stated  (wthout  erasing  any  thing  that  has, been  written),  and  then 
Bubscribed  by  the  witness  and  certified  by  the  commissioner,  before  tlie  witness 
is  cross-examined.  The  cross-examination  is  to  be  taken,  corrected,  subscribed 
and  certified  in  tlie  same  manner. 

At  the  conclusion  of  the  examination  the  commissioner  should  indorse  or 
under-write  upon  the  original  order  "  The  execution  of  this  order  appears  by 
the  depositions  hereto  annexed.  A.  B.,  Commissioner."  He  should  then 
append  to  the  order,  and  return  therewith  to  the  Superintendent,  the  depositions 
in  the  following  form '. 


[Title  of  the  case  as  in  the  order.lj    \     Depositions  taken  on  the         day 

'of  ,  at  ,  under  an  order  of 

the  Superintendent  of  Public  Instruc- 
tion, dated  ,  before  A.  B.,  school 
1  commissioner  for  the  commis- 

sioner district  of  county. 


C.  D.,  a  witness  produced,  was  duly  sworn  by  said  commissioner,  and  on 
being  orally  examined  by  for  the  appellant  (or  respondent), 

deposeth  as  follows :   I  reside  in  the  town  of  ;  I  was  pi'esent  at  a 

meeting  held  in  District  No.  ,  on  the  10th  day  of  May,  185G,  etc. 

On  hearing  the  above  read,  the  witness  further  deposeth  :  I  want  to  be  under- 
stood that  I  was  not  present  at  the  meeting  (give  the  additions  and  correc- 
tions of  the  witness  to  his  testimony  as  reported. 

(Signed.) 

CD. 

Subscribed  and  sworn  to  this 
day  of  ,  before  me, 

A.  B.,  Commissioner. 


.  \ 


On  being  cross-examined  by  for  the  respondent,  the  witness  abovo 

named  deposeth  :  I  saw  James  Jones  at  the  meeting  to  which  I  have  testified. 
He  was  outside  of  the  building  when  the  meeting  was  organized,  etc. 

The  commissioner  has  no  power  to  compel  the  attendance  of  witne.sses.  If 
any  of  those  named  in  the  order  do  not  a]5pear,  he  should  take  and  report  the 
evidence  of  the  parties,  showing  their  refusal  or  other  reason  for  non-attendance. 

§  15.  The  commissioners  shall  be  subject  to  such  rules  and  reg- 
ulations as  the  Superintendent  of  Public  Instruction  shall,  from 
time  to  time,  prescribe ;  and  appeals  from  their  acts  and  decisions 
may  be  made  to  him,  as  hereinafter  provided.  Tliey  shall,  when- 
ever thereto  required  by  the  Superintendent,  re])ort  to  him,  as  to 
any  particular  mutter  or  act,  and  shall  severally  make  to  him 
annually,  up  to  the  first  day  of  October  in  each  year,  a  report  in 
such  form,  and  containing  all  such  particulars  as  he  shall  prescribe 


40  State  and  Othek  School  Moneys. 

and  call  for;  and  for  that  purpose  shall  procure  the  reports  of  the 
trustees  of  the  school  districts  from  the  town  clerks'  offices,  and 
after  abstracting  the  necessary  contents  thereof,  shall  arrange  and 
indorse  them  properly,  and  deposit  them  with  a  copy  of  his  own 
abstract  thereof,  in  the  office  of  the  county  clerk;  and  the  clerk 
shall  safely  keep  them. 

The  annual  reports  of  tlie  trustees  of  scliool  districts  are  required  to  be  made 
between  the  first  and  second  Tuesdays  of  October  in  each  year,  and  filed  with 
the  town  clerks.  (Sec.  GO  of  title  7.)  The  commissioner  should  call  for  them 
promptly ;  and,  if  any  districts  are  delinquent,  should  at  once  proceed  to  ascer- 
tain the  cause.  It  should  be  his  care,  if  possible,  to  cause  a  report  to  be  made 
by  every  district  in  his  jurisdiction,  and  he  should  aid  trustees  who  may  need 
his  counsel  and  advice. 

The  reports  of  the  commissioners  are  required  to  be  made  at  such  times  and 
to  contain  such  statistical  information  as  the  State  Superintendent  shall 
prescribe.  Blank  forms  will  be  ajaaually  prepared  and  distributed  to  the  com- 
missioners, and  circulars  will  be  addressed  to  them,  with  instructions  as  to  the 
information  required  and  the  time  when  the  reports  must  be  completed,  and 
deposited  in  the  mail  or  sent  by  express  to  this  department. 

It  must  be  borne  in  mind  that  the  State  Superintendent  is  directed  to  send 
in  his  annual  report  to  the  Legislature,  dated  December  31st  of  each  year.  The 
reports  of  commissioners  must,  therefore,  be  prepared  two  or  three  months 
previous  to  this  time ;  negligence  on  the  part  of  one,  two  or  three  commission- 
ers will  necessarily  cause  serious  delay  and  embarrassment  to  the  department, 
as  the  Superintendent  cannot  comment  upon  results  imtil  all  the  details  are 
received 


TITLE  in. 

OP  THE  STATE  AND  OTHER  SCHOOL  MONEYS,  THEIR  APPORTIONMENT 
AND  DISTRIBUTION,  AND,  HEREIN,  OF  TRUSTS  AND  GIFTS  FOR  THE 
BENEFIT    OF    COMMON    SCHOOLS. 

FIRST  ARTICLE. 

Of  the  State  school  moneys  and  their  apportionment  by  the  Super-, 
intcndent  of  Public  Instiicction,  and  payment  to  the  county  and 
city  treasurers. 

§  1.  There  shall  be  raised  by  tax,  in  the  present  and  each  suc- 
ceeding year,  upon  the  real  and  personal  estate  of  each  county 
within  the  State,  one  mill  and  one-fourth  of  a  mill  upon  each  and 
every  dollar  of  the  equalized  valuation  of  such  estate,  for  the  sup- 
port of  common  schools  in  the  State;  and  the  proceeds  of  such  tax 
shall  be  apportioned  and  distributed  as  herein  provided. 


State  and  Other  School*  Moneys.  41 

The  law  of  1814  required  the  boards  of  supervisors  to  levy  upon  each  town 
in  the  county  a  tax  equal  in  amount  to  the  money  apportioned  to  it  from  tho 
school  fund.  The  first  State  tax  was  levied  by  authority  of  chapter  151,  Session 
Laws  of  1851,  page  293.  Tlie  fixed  sum  was  $800,000.  By  section  1,  chapter 
180,  of  1856,  the  Legislature  ordered  a  tax  of  three-fourths  of  a  mill  on  every 
dollar  of  valuation.  This  provision  graduated  the  tax  so  that  increasing  wealth 
would  yieldi  a  larger  tax  to  meet  the  wants  of  a  growing  population.  Chapter 
405,  of  1867,  has  added  half  a  mill  to  the  rate,  with  the  intention  of  making 
the  revenues  of  the  school  fund  and  United  States  deposit  fund,  together  with 
the  tax,  support  the  common  schools  for  at  least  twenty-eight  weeks  in  most 
of  the  districts. 

§  2,  No  clerk  of  any  board  of  suiDcrvisors,  or  other  person  who 
shall  make  out  the  tax  list  or  assessment  roll  of  any  town,  shall 
omit  to  include  and  apportion  among  the  moneys  to  be  raised 
thereby  the  amount  hereby  required  to  be  raised  for  the  support 
of  schools,  by  reason  of  the  omission  of  the  board  of  suj)ervisors 
to  pass  a  resolution  for  that  purpose. 

§  3.  The  moneys  so  raised  shall  be  paid  into  the  State  treasury, 
and  the  Treasurer  may  transfer  them  from  one  depository  to 
another  bv  his  draft,  countersigned  and  entered  by  the  Superin- 
tendent of  Public  InstractioD.  No  such  money  shall  be  paid  out 
of  the  treasury  e.vcept  upon  such  warrant  of  the  Superintendent, 
countersigned  by  the  Comptroller,  referring  to  the  law  under  which 
it  is  drawn.  The  Superintendent  shall  countersign  and  enter  all 
checks  drawn  by  the  Treasurer  in  payment  of  his  warrants,  and  all 
receipts  of  tlie  Treasurer  for  such  money  paid  to  the  Treasurer,  and 
no  such  receipt  shall  be  evidence  of  payment  unless  it  be  so  coun- 
tersigned. 

§  4.  The  Comptroller  may  withhold  the  payment  of  any  moneys 
to  which  any  county  may  be  entitled,  from  the  appropriation  of 
the  incomes  of  the  school  fund  and  the  United  States  deposit  fund 
for  the  support  of  common  schools,  until  satisfactory  evidence 
shall  be  furnished  to  him  that  all  moneys  required  by  law  to  be 
raised  by  taxation  upon  such  county,  for  the  support  of  schools 
throughout  the  State,  have  been  collected  and  paid  or  accounted 
for  to  the  State  Treasurer ;  and  whenever,  after  the  first  day  of 
March,  in  any  year,  in  consequence  of  the  failure  of  any  county 
to  pay  such  moneys  on  or  before  that  day,  there  shall  be  a  defi- 
ciency of  moneys  in  the  treasury  applicable  to  the  payment  of 
school  moneys  to  wliich  anv  other  county  may  be  entitled,  the 
6 


42  State  and  Otiiek  School  Moneys. 

Treasurer  and  Superintendent  of  Public  Instruction  are  hereby 
autliorized  to  make  a  temporary  loan  of  the  amount  so  deficient, 
and  such  loan,  and  the  interest  thereon  at  tl)e  rate  of  twelve  per 
cent  per  annum,  until  payment  shall  be  made  to  the  treasury,  shall 
"be  a  charge  upon  the  county  in  default,  and  shall  be  added  to  the 
amount  of  State  tax,  and  levied  upon  such  county  bj"-  the  board 
of  supervisors  thereof,  at  the  next  ensuing  assessment,  and  shall 
be  paid  into  the  treasury  in  the  same  manner  as  other  taxes. 

The  object  of  tlie  Legislature  in  the  preceding  provision  was  to  prevent  the 
moneys  raised  for  school  purposes  in  the  several  counties  from  being  withheld 
from  the  State  treasury,  and  being  temporarily  employed  to  supply  the  defi- 
ciencies in  the  county  treasuries  arising  from  delay  in  the  collection  of  taxes 
imposed  for  county  purposes.  It  is  therefore  required  that  the  county's  propor- 
tion of  the  school  tax  should  have  been  actually  collected,  and  either  paid  into 
the  State  treasury  or  accounted  for — as  it  might  be  by  receipts  from  the  super- 
visors of  their  respective  towns,  showing  the  payment  to  them,  on  account  of 
(he  apportionment  to  their  tov/ns  made  by  the  State  Superintendent  and  the 
Bchool  commissioners,  of  an  amount  equal  in  the  aggregate  to  the  school  tax 
due  from  the  county — before  the  county  treasurer  is  authorized  to  require  from 
the  Comptroller  a  warrant  for  the  amount  apportioned  to  liis  county  from  the 
incomes  of  the  school  fund  and  United  States  deposit  fund. 

It  also  subjects  the  county  to  the  payment  of  interest  upon  so  much  of  its 
cchool  tax  as  is  withheld  from  the  State  tre^isiiry,  whenever  it  becomes  neces- 
Bary  to  make  a  loan  to  furnish  the  State  treasury  Avith  the  funds  for  the  pay- 
ment of  school  moneys  to  any  other  covmty  which  is  not  in  default,  and  is 
therefore  entitled  to  immediate  payment. 

It  is  obviously,  therefore,  the  duty  of  the  county  treasurer,  for  the  pirrpose 
of  protecting  his  county  from  the  liability  to  the  payment  of  interest  on  a  loan 
to  be  made  on  its  account,  to  regard  the  first  moneys  which  come  to  his  hands 
from  the  town  collectors  as  belonging  exclusively  to  the  school  fund.  Other 
claims  may  be  postponed  without  incurring  a  charge  for  interest,  while  this 
cannot.  The  power  and  duty  of  the  Treasurer  and  State  Superintendent  to 
make  loans  under  this  section  is  not  suspended,  when,  as  is  often  the  case,  the 
Legislature  extends  the  time  for  the  collection  of  taxes;  and  it  would  be  most 
unjust  that  the  schools  should  suffer  in  those  counties  which  have  collected 
their  taxes  promptly,  for  want  of  the  exercise  of  that  power,  at  the  expense  of 
the  counties  where  their  collection  is  delayed,  either  by  an  extension  of  the  time 
for  collection  or  by  the  return  of  non-resident  lands.  In  the  latter  case,  tho 
county  treasurer  can  obtain  the  money  or  a  credit  thereof  from  the  Comptroller, 
for  all  the  arrears  of  taxes  admitted  by  him,  and  should  not  therefore  subject 
the  school  tax  to  any  deduction  or  reservation  on  account  of  returned  lands. 

§  5.  The  moneys  raised  by  the  State  tax  or  borrowed  as  afore- 
said to  sui)})ly  a  deficiency  thereof,  and  such  portion  of  the  income 


State  and  Other  School  Moneys.  43 

of  the  United  States  deposit  fund  as  shall  be  appropriated,  and 
the  income  of  the  common  school  fund,  Avhen  the  same  are  appro- 
I)riatcd  to  the  support  of  common  schools,  constitute  the  State 
scliool  moneys,  and  shall  be  divided  and  apportioned  by  the  Super- 
intendent of  Public  Instruction,  on  or  before  the  twentieth  day 
of  January  in  each  year,  as  follows;  and  all  moneys  so  appor- 
tioned, except  the  library  moneys,  shall  be  applied  exclusively  to 
tlie  payment  of  teachers'  wages  : 

By  chapter  237,  Laws  of  1838,  the  sum  of  $110,000,  for  teachers'  wages,  and 
$55,000,  for  district  libraries,  were  appropriated  from  the  income  of  the  United 
States  deposit  fund,  to  be  distributed  "  in  like  manner  and  upon  like  conditions 
as  the  school  moneys  are  now  or  shall  be  hereafter  distributed." 

The  moneys  raised  by  the  State  tax,  and  the  revenue  of  the  common  school 
fund,  and  that  of  the  United  States  deposit  fund  appropriated  to  the  support 
of  common  schools,  constitute  the  "  State  school  moneys." 

§  0.  He  shall  apportion  and  set  apart,  from  the  income  of  tho 
United  States  deposit  fund  so  appropriated,  the  amounts  required 
to  pay  the  annual  salai'ies  of  the  school  commissioners  elected  or 
elective  under  this  act,  to  be  drawn  out  of  the  treasury  and  paid 
to  the  several  commissioners  as  hereinbefore  provided  ;  and  he 
shall  also  apportion  to  each  of  the  cities  of  the  State,  which  under 
a  special  act  employs  a  superintendent  of  common  schools  or  a 
clerk  of  the  board  of  education  who  does  the  dutj''  of  supervision, 
out  of  the  income  of  the  said  fund,  or  out  of  the  income  of  the 
common  school  fund  so  appropriated,  five  hundred  dollars  for  each 
member  of  Assembly  to  which  such  city  shall  be  entitled  according 
to  the  unit  of  representation  adopted  by  the  Legislature,  to  be  paid 
into  the  city  treasury  and  expended  according  to  law,  for  the  sup- 
port of  the  common  schools  of  the  city.  He  shall  then  set  apart, 
from  the  income  of  the  United  States  deposit  fund,  for  and  as 
library  moneys,  such  .sum  as  the  Legislature  shall  appropriate  for 
tliat  purpose.  He  shall  also  set  apart  from  the  free  school  fund  a 
sum  not  exceeding  two  thousand  dollars  for  a  contingent  fund. 
He  shall  then  set  apart  and  apportion,  for  and  on  account  of  the 
Indian  schools  under  his  supervision,  a  sum  which  will  be  equita- 
bly equivalent  to  their  proportion  of  tlie  State  school  moneys 
upon  the  basis  of  distribution  established  by  this  act,  such  sum  to 
be  wliolly  payable  out  of  the  ])roceeds  of  the  State  tax  for  the 
support  of  common  schools.     After  deducting  the  said  amounts, 


44  State  and  Other  School  Moneys. 

he  shall  divide  the' remainder  of  the  State  school  moneys  into  two 
parts,  one  to  be  one-third  and  the  other  to  be  two-thirds  of  such 
remainder,  and  shall  apportion  them  as  hereinafter  specified. 

By  tlie  "  free  scliool  fund  "  is  meant  the  money  raised  by  the  State  tax. 

1.  The  salaries  of  the  school  commissioners  are  first  ascertained  and  set 
apart  from  the  income  of  the  United  States  deposit  fund. 

2.  The  number  of  Assemblymen  to  which  each  city  is  entitled  is  next  ascer- 
tained, and  five  hundred  dollars  for  each  is  set  apart  either  from  the  income  of 
the  United  States  deposit  fund  or  the  common  scliool  fund. 

3.  He  sets  apart  from  the  income  of  the  United  States  deposit  fund  fifty -five 
thousand  dollars,  specially  appropriated  by  the  Legislature  for  libraries. 

4.  He  then  sets  apart  from  the  free  school  fund,  or  avails  of  the  State  tax, 
two  thousand  dollars  for  a  contingent  fund. 

5.  He  then  sets  apart  an  equitable  sum  for  the  support  of  Indian  schools, 
payable  from  the  "  free  school  fund,"  or  proceeds  of  the  State  tax. 

The  sum  of  these  five  items  is  then  deducted  from  the  aggregate  of  the 
State  school  moneys,  and  the  remainder  divided  into  two  parts,  one  consisting 
of  one-third  and  the  other  of  two-thirds  of  such  remainder. 

§  7.  He  shall  apportion  the  one-tliird  of  the  remainder  eqvxally 
among  the  school  districts  and  cities  from  which  reports  shall  have 
been  received  in  accordance  with  law,  as  follows : 

To  entitle  a  district  to  a  distributive  portion  or  district  quota, 
a  qualified  teacher,  or  successive  qualified  teachers,  must  have 
actually  taught  the  common  school  of  the  district,  for  at  least 
the  term  of  time  hereinafter  mentioned,  during  the  last  pre- 
ceding scliool  year.  For  every  additional  qualified  teacher  and 
his  successors  who  shall  have  actually  taught  in  said  school  during 
the  Avhole  of  said  terra,  the  district  shall  be  entitled  to  another 
distributive  quota;  but  pupils  employed  as  monitors,  or  otherwise, 
shall  not  be  deemed  teachers.  The  aforementioned  term,  during 
the  current  school  year,  shall  be  six  months,  and  thereafter  shall 
be  twenty-eight  weeks  of  five  school  days  each,  inclusive  of  New 
Year's  day,  Washington's  birthday,  the  fourth  day  of  July,  Christ- 
mas day,  and  any  other  day  which  shall  be,  by  law,  declared  a 
holiday,  which  shall  occur  during  the  term.  A  deficiency  not 
exceeding  three  weeks  during  tlie  current  year,  or  in  any  subse- 
quent year,  caused  by  a  teacher's  attendance  upon  a  teachers' 
institute  within  the  county,  shall  be  excused. 

The  one-third  is  apportioned  to  those  districts,  and  to  those  only,  that  have 
made  their  annual  report  in  accordance  with  law ;  and  their  reports  must  also 


State  and  Other  School  Moneys  45 

show  that  school  has  been  taught,  durina:  the  preceding  school  year,  by  quali- 
fied teachers.  (Sec  §  41,  of  title  7.)  If  a  district  has  employed  a  single  teacher 
for  the  whole  tenu,  or  has  employed  one  or  more  teachers,  whose  terms  of 
service  make  up  the  requisite  time  of  twenty-eight  weelis,  it  is  entitled  to  a 
single  quota.  If  a  district  has  employed  two  or  more  teachers,  it  is  entitled  to 
an  additional  quota  for  every  teacher,  or  succession  of  teachers  whose  terms  of 
service  amount  to  twenty -eight  weeks.  The  number  of  reported  districts 
increased  by  the  number  of  additional  teachers  so  employed  will  give  the 
whole  number  of  quotas  in  the  State.  Di%'iding  the  "  one-third  of  the  remain- 
der "  by  the  whole  number  of  quotas,  will  give  the  amount  of  money  to  which 
each  district  is  entitled,  and  that  amount  is  called  the  district  quota. 

The  school  year  is  twenty-eight  weeks  of  five  days  each.  No  school  district 
will  be  entitled  to  any  share  in  the  "  State  school  moneys"  unless  the  report 
of  the  trustees  shows,  afBrmatively,  that  a  school  has  been  taught  the  full  school 
year  by  a  qualified  teacher.  If  a  legal  holiday  comes  within  the  term,  the 
teacher  Avill  not  keep  school  on  that  day,  nor  be  required  to  make  it  up  as  a 
deficiency.  A  teacher  may  also  be  absent  in  attendance  upon  a  teachers'  insti- 
tute, not  exceeding  three  weeks,  and  the  time  so  spent  will  not  be  deemed  a 
deficiency,  and  the  trustees  must  pay  him  as  for  time  employed  in  liis  school. 
(Sec  g  5,  of  title  11,  of  this  act.) 

Evening  schools,  when  conducted  under  the  super\'ision  of  trustees,  are  con- 
sidered simply  as  a  continuation  of  the  day  schools,  not  as  separate  branches  of 
the  day  schools.  Those  persons  attending  the  evening  and  not  the  day  schools 
may  be  included  in  the  trustees'  report  of  aggregate  and  average  attendance, 
and  public  money  may  be  drawn  upon  their  attendance.  But  persons  attend- 
ing both  the  day  and  evening  schools  should  be  coimted  but  once  in  the  report 
of  attendance. 

§  8.  Having  so  apportioned  and  distributed  the  one-third,  the 
Superintendent  sliall  apportion  the  two-thirds  of  the  said  remainder, 
and  also  the  library  moneys  separately,  among  the  counties  of  the 
State,  according  to  their  respective  population,  excluding  Indians 
residing  on  their  reservations,  as  the  same  shall  appear  from  the 
last  preceding  State  or  United  States  census  ;  but  as  to  counties  in 
which  are  situated  cities  haA  ing  special  school  acts,  he  shall  appor- 
tion to  each  city  the  part  to  which  it  shall  so  appear  entitled,  and 
to  the  residue  of  the  county  the  part  to  which  it  shall  api)car  to 
be  so  entitled.  If  the  census  accoi'ding  to  which  the  apportion- 
ment shoidd  be  made  docs  not  show  the  sum  of  the  population  of 
any  county  or  city,  the  Superintendent  shall,  by  the  best  evidence 
he  can  procure,  ascertain  and  determino  the  ]>opulation  of  such 
county  or  city  at  the  time  the  census  Avas  taken,  and  make  his 
apportionment  accordingly. 


46  State  and  Other  School  Moneys. 

The  two-tliirds  of  tlie  said  remainder  is  then  apportioned  to  the  several 
counties  and  cities  ha\ing  special  acts,  according  to  population.  A  census  of 
the  United  States  is  taken  every  tenth  year  of  the  centivry,  as  1810, 1820,  and 
so  on.  A  census  of  the  State  is  talien  once  in  ten  years,  also,  as  1805, 1815, 
and  so  on.  The  population  upon  which  the  apportionment  must  be  based  is 
the  last  preceding  census,  whether  of  the  State,  or  the  United  States. 

The  p^o^^sion  in  the  last  sentence  of  this  section  was  made  to  meet  cases 
which  might  arise  from  the  erection  of  new  cities,  or  counties,  or  the  alteration 
of  their  boundaries  by  the  Legislature,  thereby  taking  from  or  adding  to  their 
population,  after  the  last  preceding  census  has  been  taken. 

§  9.  The. Superintendent  shall  appovtion  to  each  separate  neigh- 
borhood which  shall  have  duly  reported  such  fixed  sum  as  will,  in 
his  opinion,  be  equitably  equivalent  to  its  portion  of  all  the  State 
school  moneys  upon  the  basis  of  distribution  established  by  this 
act ;  such  sum  to  be  payable  out  of  the  contingent  fund  hereinbe- 
fore established. 

The  separate  neighborhoods  formed  to  accommodate  inhabitants  whose 
children  can  more  conveniently  attend  school  in  an  adjoining  State  are  situated 
in  the  towns  of  Independence,  Allegany  county  ;  North  Castle  and  Lewisboro, 
Westchester  county  ;  Southport,  Chemung  county  ;  Nichols,  Tioga  county,  and 
Hampton,  Washington  county.  The  first  three  only  have  made  reports  for  the 
last  two  years,  and  the  number  of  children  of  school  age  in  the  three  was  39. 

§  10.  Whenever  any  school  district  or  separate  neighborhood 
shall  have  been  excluded  from  participation  in  any  apportionment 
made  by  the  Superintendent,  or  by  the  school  commissioners,  by 
reason  of  its  having  omitted  to  make  any  report  required  by  law, 
or  to  comply  Avith  any  other  provision  of  law,  or  with  any  rule  or 
regulation  made  by  the  Superintendent  under  the  autliority  of  law, 
and  it  shall  be  shown  to  the  Superintendent  that  such  omission 
was  accidental  or  excusable,  he  may,  upon  the  application  of  such 
district  or  neighborhood,  make  to  it  an  equitable  allowance;  and 
if  the  apportionment  was  made  by  himself,  cause  it  to  be  paid  out 
of  the  contingent  fund;  and,  if  the  apportionment  was  made  by 
the  comitiissioners,  direct  them  to  apportion  such  allowance  to  it, 
at  their  next  annual  apportionment,  in  addition  to  any  apportion- 
ment to  which  it  may  then  be  entitled. 

§  11.  If  money  to  which  it  is  not  entitled,  or  a  larger  sum  than 
it  is  entitled  to,  shall  be  apportioned  to  any  county,  or  part  of  a 
county,  or  school  district,  and  it  shall  not  have  been  so  distributed 


State  axd  Other  School  Moneys.  47 

or  apportioned  among  the  districts,  or  expended,  as  to  make  it 
impracticable  so  to  jio,  the  Superintendent  may  rechiim  such 
money  or  excess,  by  directing  any  officer  in  -whose  hands  it  may 
be  to  pay  it  into  the  State  treasury,  to  the  credit  of  the  free 
school  fund ;  and  the  State  Treasurer's  receipt,  countersigned  by 
the  Superintendent,  shall  be  his  only  voucher  ;  but,  if  it  be  imprac- 
ticable so  to  reclaim  such  money  or  excess,  then  the  Superintendent 
shall  deduct  it  from  the  portion  of  such  county,  part  of  a  county 
or  district,  in  his  next  annual  apportionment,  and  distribute  the 
sura  thus  deducted  equitably  among  the  counties  and  parts  of 
counties,  or  among  the  school  districts  in  the  State  entitled  to 
participate  in  such  apportionment,  according  to  the  basis  of  appor- 
tionment in  which  such  excess  occurred. 

§  12.  If  a  less  sum  than  it  is  entitled  to  shall  have  been  appor- 
tioned by  the  Superintendent  to  any  county,  part  of  a  county  or 
school  district,  the  Superintendent  may  make  a  supplementary 
apportionment  to  it,  of  such  a  sum  as  shall  make  up  the  deficiency, 
and  the  same  shall  be  paid  out  of  the  contingent  fund,  if  sufficient, 
and,  if  not,  then  the  Superintendent  shall  make  up  such  deficiency 
in  his  next  annual  apportionment. 

Sections  10,  11,  and  13  are  remedial,  and  give  the  Superintendent  power  to 
grant  relief  to  districts  ; 

1.  For  omissions  or  neglect  of  duty. 

2.  For  wrong  or  excessive  apportionments  of  money. 
8.  For  deficiencies  in  apportionment. 

The  most  common  omissions  and  neglects  of  duty  are  failure  to  report, 
failure  to  have  school  kept  during  the  school  year,  and  the  employment  of 
unqualified  teachers  for  a  part  of  the  yeal".  If  the  trustees  have  any  excuse 
for  their  neglect  or  omission  of  duty,  or  if  circumstances  not  under  their  con- 
trol interfere  with  its  performance,  they  may  make  a  written  statement  of 
facts,  and  verify  it  by  affida\-it,  and  the  Superintendent  in  his  discretion  may 
grant  relief. 

The  errors  under  the  other  two  heads  would  arise  from  wrong  computations 
or  mistakes  in  transcribing,  and  the  Superintendent  will  correct  them  as  soon 
as  they  are  brought  to  his  notice. 

This  power  is  not  to  be  exercised  arbitrarily  and  without  good  cause.  The 
Superintendent  does  not  want  reasons  and  argument,  but  facts.  The  sickness 
or  death  of  a  trustee  will  excuse  a  failuri-  to  report.  A  deep  snow,  an  unex- 
pected storm,  or  a  railroad  accident  would  explain  delay.  The  burning  of  a 
Bchool-house,  the  sickness  or  death  of  a  teacher,  or  the  prevalence  of  an  epi- 
demic or  contagious  disease  would  excuse  a  failure  to  keep  school  for  the 
whole  twenty-eight  weeks  required  by  law.    The  facts  must  bo  sufficient  to 


48  State  and  Other  School  Moneys. 

relieve  the  trustees  from  all  blame.  If  they  are  guilty  of  a  willful  violation 
of  duty,  or  of  sheer  neglect,  the  Superintendent  cannot  lawfully  grant  the 
district  any  relief. 

§  13.  As  soon  as  possible  after  the  making  of  any  annual  or 
general  apportionment,  the  Superintendent  shall  certify  it  to  the 
county  clerk,  county  treasurer,  school  commissioners  and  city 
treasurer  or  chamberlain,  in  every  county  in  the  State ;  and  if  it 
be  a  supplemental  apportionment,  then  to  the  county  clerk,  county 
treasurer,  and  school  commissioners  of  the  county  in  Avhich  the 
neighborhood  or  the  school-house  of  the  district  concerned  is 
situate. 

§  14.  The  moneys  so  annually  apportioned  by  the  Superintend- 
ent shall  be  payable  on  the  first  day  of  February  next  after  the 
apj)ortionment,  to  the  treasurers  of  the  several  counties  and  the 
chamberlain  of  the  city  of  New  York  respectively ;  and  the  said 
treasurers  and  chamberlain  shall  apply  for  and  receive  the  same  so 
soon  as  payable. 

SECOND  ARTICLE. 

Of  trusts  for  the  benefit  of  common  schools,  and  of  town  school 
funds,  fines,  jyenalties  and  other  moneys  held,  or  given  for  their 
benefit. 

§  15.  Real  and  personal  estate  may  be  granted,  conveyed,  de- 
vised, bequeathed  and  given  in  trust  and  in  perpetuity,  or  other- 
wise, to  the  State,  or  to  the  Superintendent  of  Public  Instruction, 
for  the  support  or  benefit  of  the  common  schools  within  the  State, 
or  within  any  part  or  portion  of  it,  or  of  any  jxirticular  common 
school  or  schools  within  it;  and  to  any  county,  or  the  school  com- 
missioner or  commissioners  of  any  county,  or  to  any  city  or  any 
board  or  officers  thereof,  or  to  any  school  commissioner  district  or 
its  commissioner,  or  to  any  town  or  supervisor  of  a  town,  or  to 
any  school  district  or  its  trustee  or  trustees,  for  tlie  support  and 
benefit  of  common  schools  within  such  county,  city,  school  com- 
missioner district,  town,  or  school  district  or  within  any  part  or 
portion  thereof  respectively,  or  for  the  support  and  benefit  of  any 
particular  common  school  or  schools  therein. 

§  IG.  No  such  grant,  conveyance,  devise  or  bequest  shall  be 
held  void  for  the  want  of  a  named  or  comi)Ctent  trustee  or  donee; 
but  where  no  trustee  or  donee,  or  an  incompetent  one  is  named, 


State  and  Other  School  Moneys.  49 

the  title  and  trust  shall  vest  in  the  people  of  the  State,  subject  to 
its  acceptance  by  the  Legislature,  but  such  acceptance  shall  be 
presumed, 

§  17.  The  Legislature  may  control  and  regulate  the  execution 
of  all  such  trusts;  and  the  Superintendent  of  Public  Instruction 
shall  supervise  and  advise  the  trustees,  and  hold  them  to  a  regular 
accounting  for  the  trust  property  and  its  income  and  interest,  at 
6uch  times,  in  such  forms,  and  Avith  such  authentications,  as  he 
shall  from  time  to  time  prescribe. 

§  18.  The  common  council  of  every  city,  the  board  of  supervi- 
sors of  ever}'-  county,  the  trustees  of  every  village,  the  supervisor 
of  every  town,  the  trustee  or  trustees  of  every  school  district, 
and  every  other  officer  or  person  who  shall  be  thereto  required  by 
the  Superintendent  of  Public  Instruction,  shall,  on  or  before  the 
thirtieth  day  of  September  next,  report  to  him  whether  any,  and,  if 
any,  what  trusts  are  held  by  them  respectively,  or  by  any  other 
body,  officer  or  person,  to  their  information  or  belief,  for  school 
purposes,  and  shall  transmit  therewith  an  authenticated  copy  of 
every  will,  conveyance,  instrument  or  paper  embodying  or  creating 
the  trust ;  and  shall,  in  like  manner,  forthwith  report  to  him  the 
creation  and  terms  of  every  such  trust  subsequently  created. 

§  19.  Every  supervisor  of  a  town  shall,  by  the  thirtieth  day  of 
September  next,  report  to  the  Superintendent  whether  there  be, 
Avithin  the  town,  any  gospel  or  school  lot,  and,  if  any,  shall 
describe  the  same,  and  state  to  what  use,  if  any,  it  is  put  by  the 
town ;  and  whether  it  be  leased,  and  if  so,  to  whom,  for  what 
term  and  upon  what  rents  ;  and  whether  the  town  holds  or  is  enti- 
tled to  any  land,  moneys  or  securities  arising  from  any  sale  of 
such  gospel  or  school  lot,  and  the  investment  of  tlie  proceeds 
thereof,  or  of  the  rents  and  income  of  such  lots  and  investments, 
and  shall  report  a  full  statement  and  account  of  such  lands,  moneys 
and  securities  {See  sec.  1  of  title  4.) 

§  20.  Every  supervisor  of  a  town  shall,  in  like  manner,  by  the 
thirtieth  day  of  September  next,  report  to  the  Superintendent 
whether  the  town  has  a  common  school  fund  originated  under  the 
"  act  relative  to  moneys  in  the  hands  of  overseers  of  the  poor," 
passed  April  27,  1829,  and,  if  it  have,  the  full  particulars  thereof, 
and  of  its  investment,  income  and  application,  in  such  form  as  the 
Superintendent  may  prescribe  {See  sec.  2  of  title  5). 

1 


50  State  and  Other  School  Moxeys. 

§  21.  In  respect  to  the  property  and  funds  in  tlie  two  Last  sec- 
tions mentioned,  the  Superintendent  shall,  at  the  next  session  of 
the  Legislature,  and  annually  thereafter,  include  in  his  annual 
rejjort  a  statement  and  account  thereof.  And,  to  these  ends,  he 
is  authorized,  at  any  time,  and  from  time  to  time,  to  require  from 
the  supervisor,  board  of  town  auditors,  or  any  officer  of  a  town,  a 
report  as  to  any  f^ict,  or  any  information  or  account,  he  may  deem 
necessary  or  desirable. 

§  22.  Whenever,  by  any  statute,  a  penalty  or  fine  is  imposed  foi 
the  benefit  of  common  schools,  and  not  expressly  of  the  common 
schools  of  a  town  or  school  district,  it  shall  be  taken  to  be  for  the 
benefit  of  the  common  schools  of  the  county  within  which  the  con- 
viction is  had ;  and  the  fine  or  penalty,  when  paid  or  collected, 
shall  be  paid  forthwith  into  the  county  treasury,  and  the  treasurer 
shall  credit  the  same  as  school  moneys  of  the  county,  unless  the 
county  comprise  a  city  having  a  special  school  act,  in  which  case 
he  shall  report  it  to  the  Superintendent,  who  shall  apportion  it 
upon  the  basis  of  population  by  the  last  census,  between  the  city 
and  the  residue  of  the  county,  and  the  portion  belonging  to  the 
city  shall  be  paid  into  its  treasury. 

The  fines  and  penalties  imposed  by  this  act  are  as  follows  : 

1.  Title  II,  §  10.  If  a  school  commissioner  neglects  his  duty  the  Superintend- 
ent of  Public  Instruction  .may  withhold  the  whole  or  a  part  of  his  salary. 

2.  Title  II,  §  12.  If  a  commissioner  acts  as  agent  for  the  sale  of  books,  he 
may  be  removed  from  office  by  the  Superintendent.  He  is  also  guilty  of  a 
misdemeanor. 

3.  Title  III,  §  26.  The  embezzlement,  the  withholding,  or  the  omission  to 
pay  into  the  county  treasury  of  any  fine  or  penalty,  collected  or  received  by 
any  officer,  is  a  misdemeanor. 

4.  Title  III,  §  32.  The  supervisor  who  refuses  to  give  a  bond  for  the  school 
moneys  paid  into  his  hands  commits  a  misdemeanor. 

5.  Title  IV,  §  3.  The  supervisor  who  embezzles  any  money  or  security 
received  by  liim  is  guilty  of  a  misdemeanor. 

G.  Title  IV,  §  5.  The  supervisor  who  neglects  to  make  an  annual  report  to 
the  county  treasurer  of  tlie  school  moneys  in  liis  hands  incurs  a  penalty  of 
twenty-five  dollars,  to  be  recovered  by  his  successor  in  office. 

7.  Title  VI,  §  12.  The  clerk,  or  other  person,  refusing  to  obey  an  order  to 
deposit  the  books,  papers  and  records  of  a  dissolved  district  with  the  town 
clerk  incurs  a  penalty  of  fifty  dollars. 

8.  Title  VII,  ^  5.  Any  taxable  inhabitant  refusing  to  give  the  notice  of  a 
district  meeting,  under  article  first  of  title  seven,  forfeits  five  dollars. 


State  and  Othek  School  Moneys.  51 

9.  Title  VII,  §  14.  Any  person  making  a  false  declaration  of  his  nght  to  vote 
at  a  district  meeting  is  guilty  of  a  misdemeanor,  and  liable  to  imprisonment 
not  less  than  six  months  and  not  more  than  a  year.  Any  person  not  qualified 
to  vote,  who  votes  at  a  district  meeting,  forfeits  five  dollars,  to  be  sued  for  by 
the  super\isor,  for  the  benefit  of  the  schools  of  the  town. 

10.  Title  VII,  §  37,  sub.  5.  If  a  district  clerk  neglect  to  give  notice  to  all 
persons  elected  or  appointed  to  office,  and  to  report  their  names,  and  post-office 
address,  to  the  town  clerk,  he  forfeits  five  dollars  in  each  instance. 

11.  Title  VII,  §  37,  sub.  7.  If  the  district  clerk  neglects  to  keep  and  preserve 
all  books  and  records,  and  deliver  them  to  his  successor,  he  forfeits  fifty  dollars 
for  the  benefit  of  the  district,  to  be  recovered  by  the  trustees. 

13.  Title  VII,  §  34.  A  person  chosen  or  appointed  to  a  district  school  office 
and  refusing  to  serve  forfeits  five  dollars,  and  any  person  not  having  refused  to 
accept  office,  but  neglecting  or  refusing  to  perform  any  duty  thereof,  vacates 
his  office  and  forfeits  ten  dollars. 

13.  Title  VII,  §  43.  The  trustee  who  applies,  or  directs,  or  consents  to  the 
application  of  any  public  money  to  the  payment  of  the  wages  of  an  unqualified 
teacher  is  guilty  of  .a  misdemeanor. 

14  Title  VII,  §  57.  Every  trustee  who  refuses  or  neglects  to  render  his 
annual  accoimt  in  writing  to  the  district  meeting,  forfeits  twenty-five  dollars ; 
and  every  trustee  who  refuses  to  pay  over  to  his  successor  any  balance  of 
money  in  his  hands,  forfeits  twenty-five  dollars.  He  also  forfeits  his  office  and 
becomes  liable  for  the  money  in  his  hands. 

15.  Title  VII,  §  64.  Every  trustee  who  signs  a  false  report,  with  intent  to 
obtain  from  a  commissioner  a  larger  sum  than  is  legally  due  the  district  for- 
feits twenty-five  dollars,  and  commits  a  misdemeanor. 

16.  Title  VII,  §  89.  A  collector  whose  neglect  to  collect  money  causes  a 
loss  to  the  district  is  liable  for  such  loss,  and  forfeits  the  amount  to  the 
district. 

17.  Title  VIII,  §  6.  The  trustees  are  liable  to  the  district,  and  the  librarian 
to  the  trustees,  for  loss  of  books,  or  damage  to  them,  caused  by  their  neglect 
of  duty. 

18.  Title  VIII,  §  11.  The  fines  imposed  by  the  general  instructions  as  to  the 
management  and  care  of  libraries  are  legalized,  and  may  be  recovered  by 
the  trustees  in  an  action  of  debt. 

19.  Title  VIII,  §  13.  If  any  trustee  refuses  to  make  a  report  of  the  condition 
of  the  library,  at  the  request  of  the  Superintendent  of  Public  Instruction,  the 
library  money  may  be  withheld  from  the  district,  and  the  trustee  is  liable 
therefor  to  the  district. 

20.  Title  XIII,  §  1.  The  officer  of  any  town,  district  or  separate  neighbor- 
hood, by  whose  neglect  any  money  is  lost  to  the  district,  forfeits  the  full 
amount  of  the  loss  with  interest.  * 

21.  Title  XIII,  g  2.  The  officer  whose  duty  it  is  to  Bue  for  a  fine  or  penalty, 
and  who  neglects  to  prosecute,  is  himself  liable  to  pay  the  penalty. 

22.  Title  XIII,  §§  3  and  4.  Every  person  who  willfully  disturbs  any  school,  or 
any  lawful  meeting  held  in  a  school-house,  forfeits  twenty-five  dollars  for  tha 


52  State  and  Othepw  School  Moneys. 

benefit  of  the  district ;  find  a  refusal  to  pay  the  money,  after  judgment  obtained 
for  it,  subjects  him  to  imprisonment  for  thirty  days. 

In  all  cases  in  ^\'hich  a  fine  or  forfeiture  is  imposed,  and  the  amount  is  fixed 
or  may  be  ascertained  by  evidence,  suit  may  be  brought  before  any  justice  of 
the  peace  ;  or  in  cases  of  embezzlement,  or  withholding  of  money,  when  the 
amount  may  be  large,  before  a  county  court,  or  the  supreme  court. 

Of  the  twenty-two  cases  above  enumerated,  in  which  penalties  are  provided 
for  neglect  of  duty  or  violation  of  the  school  laws,  seven  are  declared  to  be 
misdemeanors. 

A  misdemeanor  is  any  crime  or  offense  less  than  a  felony.  A  felony  is  any 
crime  punishable  by  death  or  imprisonment  in  a  state  prison. 

As  the  school  law  in  these  several  sections  has  not  in  every  case  prescribed 
the  fine  or  penalty  to  be  inflicted  for  the  misdemeanor,  we  must  look  to  the 
Eevised  Statutes  for  instruction. 

The  fifty-third,  fifty-fourth  and  fifty-fifth  sections  of  part  fourth,  chapter  one, 
title  sixth,  Revised  Statutes,  fifth  edition,  are  applicable. 

§  53.  Where  any  duty  is  or  shall  be  enjoined  by  law  upon  any  public  ofliicer, 
or  upon  any  i)erson  holding  any  public  trust  or  employment,  every  willful  neg- 
lect to  perform  such  duty,  where  no  special  provision  shall  have  been  made  for 
the  punishment  of  such  delinquency,  shall  be  a  misdemeanor  punishable  as 
herein  prescribed. 

§  54.  When  the  performance  of  any  act  is  prohibited  by  any  statute,  and  no 
penalty  for  the  violation  of  such  statute  is  imposed,  either  in  the  same  section 
containing  such  prohibition,  or  in  any  other  section  or  statute,  the  doing  such 
act  shall  be  deemed  a  misdemeanor. 

§  55.  Every  person  who  shall  be  convicted  of  any  misdemeanor,  the  punish- 
ment of  which  is  not  prescribed  in  this  or  some  other  statute,  shall  be  pun- 
ished by  imprisonment  in  a  county  jail  not  exceeding  one  year,  or  by  fine  not 
exceeding  two  hundred  and  fifty  dollars,  or  by  both  such  fine  and  imprison- 
ment. 

It  is  to  be  hoped  that  there  will  be  no  occasion  to  prosecute  for  these  pen- 
alties and  forfeitures,  nor  to  punish  for  these  misdemeanors.  It  is,  however, 
enjoined  upon  the  people,  and  especially  upon  school  officers,  to  see  that  the 
laws  be  obeyed,  and  the  offices  be  faithfully  administered. 

If,  unfortunately,  it  becomes  necessary  to  prosecute  a  suit  for  any  penalty,  it 
should  be  done  promptly.  Suits  for  penalties  or  forfeitures  must  be  brought 
within  three  years  after  the  cause  of  action  shall  have  accrued.  See  Code  of 
Procedure,  chapter  3,  section  92. 

An  indictment  for  misdemeanor  must  be  foimd  within  three  years  after  the 
commission  of  the  crime.  See  Revised  Statutes,  fifth  edition,  volume  3,  page 
1017. 

A  reference  to  the  several  sections  of  the  law  imposing  penalties  and  for- 
feitures will  show  by  whom  the  prosecutions  are  to  be  made. 

But  an  indictment  must  be  found  by  a  grand  jury,  and  any  person  cognizant 
of  the  facts  can  appear  before  them  and  testify  in  any  case  of  misdemeanor ; 
or  he  may  procure  the  aid  of  the  district  attorney,  who  can  issue  subpoenas  to 
bring  witnesses  before  the  j  ury. 


State  and  Other  School  Moneys.  53 

§  23.  Every  district  attorney  shall  report,  annually,  to  the  board 
of  supervisors,  all  such  fines  and 'penalties  imposed  in  any  prose- 
cution conducted  by  him  durii}g  the  previous  year;  and  all  moneys 
collected  or  received  by  him  or  by  the  sheriff",  or  any  other  officer, 
for  or  on  account  of  such  fines  and  penalties,  shall  be  immediately 
paid  into  the  county  treasury,  and  the  receipt  of  the  county 
treasurer  shall  be  a  sufficient  and  the  only  voucher  for  such 
money. 

§  24.  Whenever  a  fine  or  penalty  is  inflicted  or  imposed  fbr  the 
benefit  of  the  common  schools  of  a  town  or  school  district,  the 
magistrate,  constable  or  other  officer  collecting  or  receiving 
the  same,  shall  forthwith  pay  the  same  to  the  county  treasurer 
of  the  county  in  Avhich  the  school-house  is  located,  who  shall 
credit  the  same  to  the  town  or  district  for  whose  benefit  it  is  col- 
lected. If  the  fine  or  penalty  be  inflicted  or  imposed  for  the  ben- 
efit of  the  common  schools  of  a  city  having  a  special  school  act,  or 
of  any  part  or  district  of  a  city,  it  shall  be  paid  into  the  city 
treasury. 

§  25.  Whenever,  by  this  or  any  other  act,  a  penalty  or  fine  is 
imposed  upon  any  school  district  officer  for  a  violation  or  omission 
of  official  duty,  or  upon  any  person  for  any  act  or  omission  within 
a  school  district,  or  touching  property  or  the  peace  and  good  order 
of  the  district,  and  such  penalty  or  fine  is  declared  to  be  for,  or 
for  the  use  and  benefit  of,  the  common  schools  of  the  town,  or  of 
the  county,  and  such  school  district  lies  in  two  or  more  towns  or 
counties,  the  town  or  county  intended  by  the  act  shall  be  taken 
to  be  the  one  in  which  the  school-house,  or  the  school-houso 
longest  owned  or  held  by  the  district  is,  at  the  time  of  such  vio- 
lation, act  or  omission. 

§  2G.  Any  district  attorney,  sheriff",  justice  of  the  peace,  police 
justice  or  other  magistrate  or  officer,  who  shall  embezzle,  or  will- 
fully withhold  from  or  omit  to  pay  into  the  county  treasury  any 
money  i-eceived  or  collected  in  payment  or  satisfaction,  in  whole 
or  in  part,  of  any  fine  or  penalty  in  the  four  last  preceding  sec- 
tions mentioned,  shall  be  guilty  of  a  misdemeanor ;  and  any  fine 
imposed  upon  a  conviction  thereof  shall  be  for  the  benefit  of  the 
common  schools  of  the  county. 


54  Apportionment  or  ScnooL  Moneys. 

THIRD  ARTICLE. 

Of  the  apportionment  of  the  State  school  moneys^  and  of  other 
school  moneys^  hy  the  school  coynmissioners,  and  their  payment 
to  the  supervisors. 
§  27.  The  scliool  commissioner,  or  commissioners  of  each  county, 

shall  pi'oceed,  at  the  county  seat,  on  the  third  Tuesday  of  March 

in  each  year,  to  ascertain,  apportion  and  divide  the  State  and  other 

school  moneys  as  follows  : 

1.  They  shall  set  apart  any  library  moneys  apportioned  by  the 
Superintendent. 

2.  From  the  other  moneys  apportioned  to  the  county,  they  shall 
set  apart  and  credit  to  each  separate  neighborhood  and  school  dis- 
trict the  amount  apportioned  to  it  by  the  State  Superintendent,  and 
to  every  district  which  did  not  participate  in  the  apportionment 
of  the  previous  year,  and  which  the  Superintendent  shall  have 
excused,  such  equitable  sum  as  he  shall  have  allowed  to  it. 

3.  They  shall  procure  from  the  treasurer  of  the  county  a  tran- 
script of  the  returns  of  the  supervisors  hereinafter  required,  show- 
ing the  unexpended  moneys  in  their  hands  applicable  to  the 
payment  of  teachers'  wages  and  to  library  jDurposes,  and  shall  add 
the  whole  sum  of  such  moneys  to  the  balance  of  the  State  moneys 
to  be  apportioned  for  teachers'  wages.  The  amounts  in  each 
supervisor's  hands  shall  be  charged  as  a  partial  payment  of  the 
sums  apportioned  ,to  the  town  for  library  moneys  and  teachers' 
wages  respectively. 

4.  They  shall  procure  from  the  county  treasurer  a  full  list  and 
statement  of  all  payments  to  him  of  moneys  for  or  on  account  of 
fines  and  penalties,  or  accruing  from  any  other  source,  for  the 
benefit  of  schools  and  of  the  town  or  towns,  district  or  districts  for 
whose  benefit  the  same  Avere  received.  Such  of  said  moneys  as 
belong  to  a  particular  district,  they  shall  set  apart  and  credit  to  it ; 
and  such  as  belong  to  the  schools  of  a  town,  they  shall  set  apart  and 
credit  to  the  schools  in  that  town,  and  shall  apportion  them,  together 
with  such  as  belong  to  the  schools  of  the  county,  hereinafter  pro- 
vided, for  the  payment  of  teachers'  Avages. 

5.  They  shall  apportion  tlie  library  moneys  to  the  school  dis- 
tricts and  parts  of  school  districts  joint  with  parts  in  any  city  or 
in  an  adjoining  county,  wliich  shall  be  entitled  to  participate 
therein  as  heremafter  specified,  in  proportion  to  the  number  of 


Apportio>'3iext  of  School  Moneys.  55 

children  in  each  between  the  ages  of  five  and  twenty-one  years, 
as  the  same  shall  appear  from  the  reports  of  the  trustees  for  the 
last  preceding  school  year. 

6.  They  shall  apportion  in  like  manner  and  upon  the  same  basis, 
until  the  apportionment  of  the  year  eighteen  hundred  and  sixty- 
six,  the  remaining  unapportioned  moneys  among  such  school  dis- 
tricts and  parts  of  school  districts. 

7.  In  the  apportionment  of  eighteen  hundred  and  sixty-six,  and 
in  every  subsequent  apportionment,  they  shall  apportion  one-half 
of  such  remaining  unapportioned  moneys,  in  the  like  manner  and 
npon  the  same  basis,  among  such  school  districts  and  parts  of 
districts ;  and  the  other  half  they  shall  apportion  among  such 
districts  and  parts  of  districts,  in  proportion  to  the  average  daily 
attendance  of  the  pupils  resident  therein  between  the  ages  of  five 
and  twenty-one  years,  at  their  respective  schools  during  the  last 
preceding  school  year.  The  average  daily  attendance  of  the  pupils 
is  to  be  ascertained  from  the  records  thereof  kept  by  the  teachers, 
as  hereinafter  proscribed,  by  adding  together  the  whole  number  of 
days'  attendance  of  each  and  every  such  pupil  in  the  district,  or 
part  of  a  district,  and  dividing  the  aggregate  by  the  Avhole  num- 
ber of  days  the  school  was  kept  during  the  year. 

8.  They  shall  then  set  apart  to  each  town  the  moneys  so  set  apart 
and  apportioned  to  each  separate  neighborhood ;  to  each  district 
the  school-house  of  which  is  therein  ;  and  to  each  part  of  a  joint 
district  therein  the  school-house  of  which  is  located  in  a  city  or  in 
a  town  in  an  adjoining  county. 

9.  They  shall  sign,  in  duplicate,  a  certificate,  showing  the 
amounts  apportioned  and  set  apart  to  each  separate  neighborhood, 
school  district  and  part  of  a  district,  and  the  towns  in  Avhich  they 
are  situated,  and  shall  designate  therein  the  source  from  which 
each  item  of  the  aggregate  to  each  district  and  town  was  derived ; 
and  shall  forthwitli  deliver  one  of  said  duplicates  to  the  treasurer 
of  the  county  and  transmit  the  other  to  the  Superintendent  of 
Public  Instruction. 

10.  They  shall  certify  to  the  supervisor  of  each  town  the 
amount  of  school  moneys  so  apportioned  to  his  town,  and  the  por- 
tions thereof  to  be  paid  by  him  for  library  purposes  and  for 
teachers'  wages,  to  each  such  distinct  separate  neighborhood,  dis- 
trict and  part  of  a  district. 


66  Appoktioxment  of  School  Moneys. 

The  commissioners,  before  proceeding  to  make  their  apportionment,  will 
examine  tlieir  statistical  abstracts  of  the  reports  of  the  trustees,  and  see  that 
they  are  correct.  If,  since  the  abstracts  have  been  made,  errors  have  been  dis- 
covered, let  them  be  corrected. 

Inquire,  also,  of  the  county  treasurer,  whether  the  several  supervisors  have 
made  the  return  of  school  moneys  remaining  in  their  hands,  as  directed  by 
section  four  of  title  four,  of  the  school  act. 

See  further,  whether  the  district  attorney,  sheriff,  or  any  other  officer,  has 
paid  into  the  county  treasury  any  moneys  collected  for  fines  and  penalties,  as 
directed  by  section  twenty-three,  of  title  three. 

In  case  of  joint  districts,  the  apportionment  is  to  be  made  according  to  the 
number  of  children  and  the  average  daily  attendance  for  that  part  only  of 
the  district  situated  in  the  county. 

The  apportionment  for  average  daily  attendance  must  be  made,  not  for  the 
average  daily  attendance  of  all  the  children  attending  the  school,  but  for 
the  average  daily  attendance  of  children  attending  the  schools  in  the  districts 
in  which  they  reside.  That  is,  resident  children  only  are  to  be  enumerated  as  a 
basis  of  apportionment. 

In  accordance  with  section  seven  and  section  twenty-nine  of  this  title,  no 
apportionment  of  school  moneys  can  be  made  by  the  commissioners  to  districts 
to  which  the  Superintendent  has  not  apportioned  the  district  quota,  in  conse- 
quence of  not  having  maintained  school  twenty-eight  weeks  by  a  qualified 
teacher. 

Ha\ing  settled  these  preliminaries  and  ascertained  the  amount  of  moneys  to 
be  apportioned,  every  thing  is  in  readiness  for  the  work.  The  following  is  an 
example  of  the  process,  for  which  we  use  the  statistics  taken  from  the  annual 
abstracts  sent  to  the  department  in  the  year  1865,  by  the  commissioners  of 
Jefferson  county : 


Appobtionment  of  School  Moneys. 


57 


STATISTICAL. 

First  Commissioner  District. 


TOWNS. 

a2 
Is 

•-'2 

No.  of  children  over 
5  and  under  21  years 
of   age   in  districts 
not  entitled  to  ap- 
portionment. 

CO 

m 

•-ad 

O^o, 

Ave'ge  daily  attend- 
ance of  cliildren  re- 
Siding  in  districts. 

Ave'ge  daily  attend- 
ance of  children  in 
distr'ts  not  entitled 
to  an  appor'nment. 

Ave'ge   daily  attend- 
ance of  children  re- 
siding    in    districts 
entitled    to    an  ap- 
portionment. 

Adams, 

1,0(U 
1,244 
1,644 
652 
944 
595 
521 
206 

&1 
30 

980 
1,244 
1,644 
622 
944 
595 
521 
206 

301.  (>40 
460.868 
576.599 
218.867 
308.153 
187.969 
226.483 
73.249 

27.216 
"'6.:m 

274.394 
460.868 
576.599 
212.481 
308.1.M 
187.909 
226.483 
73.249 

Ellisbnrgh, 

Henderson, 

Hoiinsficld,   

Rodman, 

Worth, 

Totals,  ... 

0,870 

114 

6,756 

2,353.828 

33.632 

2,320.196 

Antwerp, 

Secoi 

1,153 
778 
947 
592 
565 
2,941 
1,597 

id  Commiss 
31 

ianer  D 
1,122 

'strict. 

350.840 
248.183 
340.3.50 
199.452 
21 6.. 554 
876.047 
441.871 

7.711 

'"'9.m 

'i9.'5.56 

343.129 
248.183 
3.31.350 
199.4,52 
216.5,5-4 
876.047 
422.. 315 

31 

75 

778 
916 
592 
565 
2,941 
1,522 

Le  Ray, 

Philadelphia, 

Rutland, 

Watertown,    

Wilna, 

Totals, 

Alexandria,  

8,573 

137 

8,436 

2,673.297 

36.267 

2,637.030 

Thir 

1,386 

1,258 

1,705 

8:» 

1,074 

754 

917 

d  Commiss 

77 

76 
46 
30 
40 

ioner  Dt 

1,386 

1,181 

1,629 

792 

1,044 

714 

917 

strict. 

414.801 
358.674 
552.691 
305.737 
376.178 
268.010 
314.522 

"i6.'6.ii 

20.529 
19.214 
16.&12 
11.677 

414.801 
342.  (H3 
532.162 
28(;.523 

a59.:«o 
256.3.33 
314.522 

Lyme 

Orleans, 

Pamelia 

Theresa 

Totals 

Total  for  County, . . . 

7,032 

269 

7,663 
8,4.3<) 
6,756 

22,855 

2,590.613 

84.293 

2,506.320 
2,6.37.11.30 
2,-320.196 

7,463.456 

, 

58 


Apportionmext  of  School  Moneys. 


FINANCIAL. 

Supposed  statement  of  moneys  in  hands  of  Supervisors,  rendered  by  the  County  Treasurer  to 
t/ie  School  Commissioners. 


1st  Commissioner  District. 

2d  Commissioner  District. 

3d  Commissioner  District. 

Adams $11  50 

Brownville, 5  30 

Ellisburgh, 1  28 

Henderson, 45 

Antwerp $2  00 

Champion, 1  25 

Le  Ray, 

Philadelphia, 

Rutland 3  18 

Watertowu, 7  28 

Wilna, 60 

Alexandria, $5  15 

Cape  Vincent,  4  26 

Clavton, 1  15 

Lyme, 5  12 

Hounsfield, 3  10 

Orleans 

Pamelia, 

Theresa,                          7  15 

Rodman, 

Worth                              1  34 

$14  27 

22  S3 

23  25 

$22  83 

$23  25 
Total  for  the  county, 

.      *(i{)  .It 

General  Statement  of  School  Moneys  to  be  Ajyportioned. 

301  district  quotas  at  $28.29  each, - $11,06139 

Pupil  and  average  attendance  quotas, 15,234  86 

Library  money, 954  80 

Allowed  for  district  quotas  since  general  apportionment, 56  53 

In  hands  of  supervisor's, 60  35 


Total $27,367  !)8 


Amount  for  pupil  and  average  attendance  quotas, $15,234  86 

Amount  in  hands  of  supervi«ors, 60  35 

The  statement  procured  from  the  county  treasurer,  in  compliance  with  subdi- 
vision 4  of  section  27,  of  title  3,  Consolidated  School  Law  of  1864,  shows  no 
moneys  in  his  hands  from  fines,  penalties,  etc. 


Total $15,295  21 

Deduct  amount  ordered  by  Superintendent  of  Public  Instruction  as  equitable 
allowances  to  districts  not  strictly  entitled  to  an  apportionment,  in  place  of 
pupil  and  average  attendance  quotas.  (See  section  10,  title  3,  Consolidated 
School  Law  of  186-1), 05  21 

Balance, $15,230  00 


In  cases  where  district  quotas  shall  have  been  allowed  as  supplementary 
quotas,  by  the  Superintendent,  subsequent  to  the  time  of  making  his  general 
apportionment,  notice  will  be  given  to  the  commissioners  interested. 

Before  proceeding  to  make  the  regular  apportionment,  there  must  also  be 
deducted,  from  the  moneys  set  apart  for  pupil  and  average  attendance  quotas, 
the  equitable  allowances  made  by  the  Superintendent  to  districts  that  have  for- 
feited their  money.  The  pupil  and  average  attendance  quotas  will  be  found  in 
the  apportionment  for  the  previous  year.  Having  then  ascertained  the  number 
of  children  entitled  to  share  in  the  pupil  and  library  money,  multiply  the  jnipil 
quota  and  library  quota,  respectively,  by  the  number  of  such  children,  and 
the  products  will  be  the  sums  to  be  allowed  to  the  district  for  pupil  and  library 


ArroRTiONJiENT  OF  School  Moneys.  59 

money.  Then  multiply  tlie  daily  attendance  quota  by  the  average  daily 
attendance,  and  the  product  ■will  be  the  average  attendance  money. 

This  balance  of  $15,330  is  to  be  apportioned  for  teachers'  wages ;  one- 
half  according  to  the  number  of  children  over  five  and  under  twenty-one  years 
of  ago,  and  the  other  half  according  to  the  average  daily  attendance. 

One-half  of  §15,230  is  $7,615.  This  sum  divided  by  22,855,  the  number 
of  children  over  five  and  under  twenty-one  years  of  age,  residing  in  those 
districts  strictly  entitled  to  share  in  the  apportionment,  gives  $0.3331875  as  the 
quota  of  this  money  for  each  pupil. 

$0.33318T5  multiplied  by  6,756  gives  for  1st  commissioner  district, $2,351  01 

8,4.36         "         2d  "  "  2,810  77 

»  "  7,603         "         3d  "  "  2,553  22 

Total $7,615  00 


$7,615  divided  by  7,463.546,  the  average  daily  attendance  for  the  county, 
gives  $1.0202925  as  the  average  daily  attendance  quota  for  an  average  daily 
attendance  of  one  pupil. 

£1.0202023  multiplied  by  2,.320.196  gives  for  1st  commissioner  district, $2,367  28 

2,(;3T.030         "         2d  "  "  2,600  54 

"  "  2,506.320         "         3d  "  "  2,557  18 

Total, $7,615  00 

$954.80,  library  money,  divided  by  22,855  (number  of  children  as  above) 
gives,  as  the  quota  of  library  money  for  each  pupil,  $0.0417764. 

S0.0417764  multiplied  by  6,756  gives  for  1st  commissioner  district, $282  24 

8,436         "         2d  "  "  352  43 

"  "  7,603        "        3d  "  "  320  13 

Total, $954  80 


Each  school  commissioner  will  now,  in  the  first  place,  apportion  to  each 
town  the  money  belonging  to  it. 

First  Commissioner  District. 

Pupil  Quota.  No.  Children.  Towns. 

$0.:»il875  multiplied  by   980  gives  for  Adams $326  52 

Brownville 414  48 

Ellisbuigh, 647  76 

Henderson, 207  24 

Hounsfield 314  53 

Lorraine, 198  24 

Hodman, 173  60 

Worth, 68  frl 


1244 
1644 
023 
944 
595 
521 
206 


Total $2,251  01 


In  the  same  manner  apportion  tne  library  money  for  the  first  commissioner 
district,  using  the  library  quota  for  multiplicands,  and  the  number  of  children, 
as  above,  for  multipliers ;  and  also  the  moneys  to  be  apportioned  according  to 


60  AprORTIONMENT    OF    ScHOOL    MoNEYS. 

average  daily  attendance,  using  the  average  daily  attendance  quota  for  multi- 
plicands and  the  average  daily  attendance,  for  the  respective  towns,  for  multi- 
pliers. 

Each  commissioner  will,  in  the  same  manner,  apportion  the  moneys  for  his 
district  to  the  respective  towns  therein.  The  moneys  apportioned  to  each  town 
will  then  be  apportioned  to  the  respective  school  districts  and  parts  of  joint  dis- 
tricts, in  such  town,  entitled  to  share  in  the  apportionment,  according  to  the 
number  of  children  over  five  and  under  twenty-one  years  of  age,  and  the  aver- 
age daily  attendance  of  such  children,  residing  in  such  districts  and  parts  of 
districts  respectively. 

The  pupil  quota,  the  average  daily  attendance  quota,  and  the  library  quota, 
will  be,  for  every  commissioner  district,  and  every  school  district  in  the  county, 
the  quotas  already  used.  This  will  be  the  fact  in  every  county,  except  in  cases 
where  there  are  in  the  hands  of  the  county  treasurer  moneys  derived  from  fines 
or  penalties,  or  some  other  local  source,  which  funds  are  placed,  not  to  the 
credit  of  the  county,  but  of  particular  towns. 

All  tlie  library  money  must  be  apportioned  according  to  the  number  of  chil- 
dren over  five  and  under  twenty-one  years  of  age. 

After  placing  the  moneys  for  each  school  district  in  their  appropriate  col- 
umns in  the  apportionment  table,  add  the  sums  horizontally,  and  foot  them 
vertically,  and  thus  verify  the  work,  and  write  the  footings  of  the  columns  for 
each  town. 

In  cases  where  there  are  found  in  the  hands  of  the  county  treasurer  moneys 
paid  to  him  on  account  of  fines  or  penalties,  or  accruing  from  any  other  source, 
for  the  benefit  of  schools,  and  of  the  town  or  towns,  district  or  districts  fof 
whose  benefit  the  same  were  received,  such  of  said  moneys  as  belong  to  a  par- 
ticular district  the  commissioners  must  set  apart  and  credit  to  it ;  and  such  as 
belong  to  the  schools  of  a  town  they  must  set  apart  and  credit  to  the  schools  of 
that  town,  and  apportion  them,  together  with  such  as  belong  to  the  schools  of 
the  county,  for  the  payment  of  teachers'  wages.  These  moneys  should  be  appor- 
tioned, one-half  according  to  the  number  of  children  over  five  and  under  twenty- 
one  years  of  age,  and  the  other  half  according  to  the  average  daily  attendance. 

There  should  be  appended  to  the  apportionment  a  "  Special  Statement " 
of  such  moneys,  showing  the  sources  whence  they  were  derived,  and  the  sum 
received  from  each  source  specified ;  and  stating,  in  case  of  each  sum,  whether 
it  is  placed  to  the  credit  of  the  schools  of  the  county,  or  those  of  a  particular 
town,  or  to  a  particular  school  district. 

The  commissioners  will  find  it  convenient  to  make  auxiliary  tables,  having 
one  column  showing  the  amount  of  library  money  to  be  apportioned  for  any 
number  of  children  from  one  to  one  hundred,  and  another  column  ehowing  the 
amount  to  be  apportioned  for  teachers'  wages  in  the  same  cases.  A  third  col- 
umn should  be  added,  giving  the  sums  to  be  apportioned  for  any  average  daily 
attendance  from  one  to  one  hundred. 

Since  the  average  daily  attendance  for  school  districts  is  in  most  cases  extended 
io  decimals  of  three  figures  each,  it  may  not  be  amiss  to  make  a  remark  in  regard 


Apportionment  of  School  Moneys.  61 

to  tlie  proper  mode  of  using  the  table  in  apportioning  that  part  of  the  money 
which  is  distributed  according  to  the  average  daily  attendance. 

Suppose,  for  instance,  we  wish  to  apportion  to  a  district  wliose  average  daily 
attendance  is  357.893.  Take  from  the  table  the  money  to  be  apportioned  for 
an  average  daily  attendance  of  35  pupils.  Move  the  decimal  point  one  place 
to  the  right  and  you  will  have  the  amount  corresponding  to  350  pupils.  Now 
take  from  the  table  the  sum  corresponding  to  an  attendance  of  78  pupils. 
Move  the  decimal  point  one  place  to  the  left  and  you  will  have  the  sum  cor- 
responding to  7.8  pupils.  Take  the  sum  apportionable  for  an  attendance  of  93 
pupils.  Move  the  decimal  point  three  places  to  the  left  and  you  will  have  the 
sum  for  an  average  daily  attendance  of  .093.  The  average  daily  attendances, 
350,  7.8  and  .093,  when  added,  give  357.893  pupils.  The  three  sums  of  money 
found  as  directed,  and  added,  will  give  the  amount  of  money  to  be  apportioned 
for  this  average  daily  attendance  (357.893  pupils). 

A  form  is  sent  to  each  county,  as  a  part  of  the  blanks  for  apportionment,  in 
which  each  commissioner  should  make  a  "  Summary  Statement "  for  his  com- 
missioner district,  recapitulating  the  footings  by  towns,  and  giving  the  total 
footings  for  his  district.  A  final  summary  statement  should  also  be  made, 
recapitulating  the  footings  by  commissioner  districts,  and  giving  the  total 
footings  for  the  county. 

The  blanks  in  the  printed  forms  of  statements  showing  the  amount  of  school 
moneys  received  and  apportioned,  and  the  blanks  for  special  statement  in 
regard  to  local  funds,  should  be  properly  filled.  The  "  certificate  "  following 
the  forms  for  statements  should  be  signed  by  all  the  commissioners  of  tho 
county. 

After  making,  for  any  super\'isor,  the  statement  of  the  apportionment  for  the 
school  fiistricts,  the  school-houses  of  which  are  in  his  town,  and  the  parts  of 
joint  districts  in  his  town,  write  at  the  right  hand  of  the  words  "  Amount  now 
in  supervisor's  hands,"  the  amount  reported  by  the  county  treasurer  as  in  his 
hands.  Subtract,  and  write  the  balance  at  the  right  hand  of  the  words  "  Bal- 
ance to  be  drawn  from  county  treasurer." 

In  making  the  enumeration  of  the  school  districts  of  each  town,  in  tho 
apportionment,  arrange  them  according  to  their  present  numbers,  in  regular 
consecutive  order  from  the  lowest  to  the  highest  number,  inserting  in  its 
proper  order  the  number  of  every  district,  whether  any  money  is  apportioned 
to  it  or  not.  In  some  cases  there  may  be  difficulty  in  identifying  certain  dis- 
tricts, since,  in  many  instances,  commissioners  may  have  changed  the  district 
number,  and  inserted  the  new  number  in  the  abstracts,  and  afterward  again 
changed  the  district  number ;  making,  in  all,  three  numbers  by  which  the  dis- 
trict has  been  known.  By  an  examination  of  the  blanks  for  the  apportionment, 
it  will  appear  to  be  necessary  to  give  the  three  numbers  in  each  case.  By  no 
other  means  can  the  Superintendent  know  that  the  apportionment  is  correctly 
made,  and  that  the  commissioners  understand  all  the  changes  as  they  have 
been  reported  to  the  department. 

Send  to  each  supervisor,  with  the  apportionment  for  his  town,  a  blank  for 
liis  use  in  making  a  copy  to  file  with  the  town  clerk. 


62  Apportionment  of  School  Moneys. 

The  apportionment  should  be  made  at  the  earliest  possible  day,  and  the 
duplicate  be  forthwith  sent  to  the  Department  of  Public  Instruction. 

§  28,  If  in  their  apportionment,  through  any  error  of  the  com- 
missioners, any  district  sliall  have  apportioned  to  it  a  larger  or  a 
less  share  of  the  moneys  than  it  is  entitled  to,  the  commissioners 
may  in  their  next  annual  apportionment,  with  the  approbation  of 
the  Superintendent,  correct  the  error  by  an  equitable  deduction 
from  or  augmentation  of  the  share  of  such  district. 

The  simplest  method  of  correcting  the  error  of  an  excess  of  money  appor- 
tioned to  one  or  more  districts  is  as  follows :  If  one  district  had  an  excess  of 
$10  (money  apportioned  according  to  the  number  of  children);  another  of 
$6.4o  ;  a  third  of  $4.50  ;  and  a  fourth  of  $15  ;  add  them  together,  and  the  sum 
$35.95  add  to  and  apportion  with  the  money  to  be  apportioned  among  all  the 
districts.  Then  deduct  from  the  sum  thus  apportioned  to  each  district  the 
excess  paid  to  it  the  last  year,  and  the  remainder  will  be  its  share  of  the  present 
apportionment.  Apply  the  same  rule  in  case  the  excess  be  of  library  money, 
or  average  attendance  money.  If  the  error  be  one  of  deficiency  in  a  former 
apportionment,  the  correction  is  made  by  setting  apart  from  the  money  to  be 
apportioned  a  sum  equal  to  the  sum  of  the  deficiency,  or  several  deficiencies, 
and  then,  having  apportioned  the  residue  among  all  the  districts,  out  of  the 
money  so  set  apart  add  to  the  sum  thus  apportioned  to  each  district  an 
amount  equal  to  its  former  deficiency. 

§  29.  No  district  or  part  of  a  district  shall  be  entitled  to  any 
portion  of  such  school  moneys  on  such  apportionment  unless  the 
report  of  the  trustees  for  the  preceding  school  year  shall  show 
that  a  common  school  was  supported  in  the  district  and  taught  by 
a  qualified  teacher  for  such  a  term  of  time  as  would,  under  section 
seven  of  this  title,  entitle  it  to  a  distributive  share  under  the 
apportionment  of  the  Superintendent. 

§  30.  On  receiving  the  certificate  of  the  commissioners,  each 
supervisor  shall  forthwith  make  a  copy  thereof  for  his  own  use, 
and  deposit  the  original  in  the  office  of  the  clerk  of  his  town ;  and 
the  moneys  so  apportioned  to  his  town  shall  be  paid  to  him  imme- 
diately on  his  compliance  with  the  requirements  of  the  next 
section,  and  not  before. 

§  31.  Immediately  on  receiving  the  commissioners'  certificate 
of  apportionment,  the  county  treasurer  shall  require  of  each  super- 
visor, and  each  supervisor  shall  giv^e  to  the  treasurer  in  behalf  of 
the  town,  his  bond,  with  two  or  more  sufficient  sureties,  approved 


Apportionment  of  School  Moneys.  63 

by  the  ti'casurer,  in  tlie  penalty  of  at  least  double  the  amount  of 
the  school  moneys  set  apart  or  apportioned  to  the  town,  and  of  any 
such  moneys  unaccounted  for  by  his  predecessor,  conditioned  for 
the  f^iithtul  disbursement,  safe  keeping  and  accounting  for  such 
moneys,  and  of  all  other  school  moneys  that  may  come  into  his 
hands  from  any  other  source.  If  the  condition  shall  be  broken, 
the  county  treasurer  shall  sue  the  bond  in  his  own  name,  in  behalf 
of  the  town,  and  the  money  recovered  shall  be  paid  over  to  the 
successor  of  the  supervisor  in  default,  such  successor  having  first 
given  security  as  aforesaid. 

The  boud  to  be  given  under  this  section  ninst  be  renewed  every  jear,  as  its 
penalty  in  each  case  is  to  be  double  the  amount  of  the  school  moneys  then  to 
be  paid.     Its  form  may  be  as  follows : 

Know  all  jien  bt  these  presents,  That  we,  John  Doe,  supervisor  of  the 
town  of  ,  in  the  county  of  ,  and  Richard  Roe  and  Samuel  Styles, 

of  the  same  town  (or  as  their  residence  respectively  may  be),  as  his  sureties,  are 
held  and  firmly  bound  unto  Stephen  Holdfast,  treasurer  of  the  county  of 
,  in  the  penalty  of  dollars  and  cents  (being  double  the 

amount  of  the  public  moneys  apportioned  for  the  support  of  schools  in  the 
town  of  ,  aforesaid),  to  be  paid  to  the  said  Stephen  Holdfast,  treas- 

urer, his  successors  in  office,  attorney  or  assigns  ;  to  which  payment,  well  and 
truly  to  be  made,  we  bind  ourselves  jointly  and  severally  by  these  presents. 
Sealed  with  our  seals,  and  dated  this  day  of  ,  in  the  year  of  our 

Lord 

The  condition  of  this  obligation  is  such,  that  if  the  above  bounden  John 
Doe,  supervisor,  shall  faithfully  disburse,  safely  keep  and  justly  account  for 
the  school  moneys  apportioned  as  aforesaid,  and  all  other  school  moneys  that 
may  come  into  his  hands  from  any  other  source,  then  this  obligation  to  be 
void,  otherwise  to  remain  in  full  force  and  virtue. 

JOHN  DOE.  [l.  s.] 

RICHARD  ROE.  [l.  s. 

SAMUEL  STYLES,    [l.  s.] 

This  bond,  as  a  matter  of  prudence,  should  be  acknowledged  before  a  com- 
missioner of  deeds  or  other  officer  authorized  to  take  acknowledgments,  and 
the  sureties  should  be  required  to  indorse  upon  the  bond  an  affidavit  that  each 
of  them  is  a  freeholder,  and  worth  the  amount  of  the  penalty  over  and  above 
all  debts  incurred  or  liabilities  assumed  by  him.  It  is  only  upon  such  an  affi- 
davit that  bonds  required  in  legal  proceedings  are  approved  ;  and  it  is  a  matter 
of  justice  to  the  county  treasurer  that  he  should  protect  himself  from  per- 
sonal liability  for  taking  an  insufficient  bond  by  following  the  legal  method 
of  ascertaining  its  sufficiency.     If,  after  such  affidavits  are  indorsed  on  the 


64  Disbursement  of  School  Moneys. 

bond,  tlie  county  treasurer  is  satisfied  witli  tlio  sureties,  lie  should  indorse  his 
approval  in  the  following  form  : 

I  hereby  approve  the  within  bond,  as  to  its  form  and  manner  of  execution 
and  the  suiEciency  of  the  sureties  therein.     Dated 

Stephen  Holdfast, 

Treasurer  of  County. 

§  32.  The  refusal  of  a  supervisor  to  give  such  security  shall  be 
a  misdemeanor,  and  any  fine  imposed  on  his  conviction  thereof 
shall  be  for  the  benefit  of  the  common  schools  of  the  town.  Upon 
such  refusal,  the  moneys  so  set  apart  and  apportioned  to  the  town 
shall  be  paid  to  and.  disbursed  by  some  other  ofiicer  or  person  to 
be  designated  by  the  county  judge,  under  such  regulations  and 
with  such  safeguards  as  lie  may  prescribe,  and  the  reasonable  com- 
pensation of  such  officer  or  person,  to  be  adjusted  by  the  board  of 
supervisors,  shall  be  a  town  charge  [See  sec.  22  of  this  title). 


TITLE  IV. 

OF  THE  DISBURSEMENT  OF  THE  SCHOOL  MONEYS  BY  THE  SUPERVISORS, 
AND  OF  SOME  OF  THEIR  SPECIAL  POWERS,  DUTIES  AND  LIABILITIES 
UNDEPv  THIS  ACT. 

Section  1.  The  several  supervisors  continue  vested  Avith  the 
powers  and  charged  Avith  the  duties  formerly  vested  in  and  charged 
upon  the  trustees  of  the  gospel  and  school  lots,  and  transferred  to 
and  imposed  tipon  town  superintendents  of  common  schools  by 
chapter  one  hundred  and  eighty-six,  of  the  Laws  of  one  thousand 
eiglit  hundred  and  forty-six  [Sec  sec.  19  q/*  title  3). 

Town  School  Funda. 

The  act  passed  in  1789  for  the  sale  of  lands  belonging  to  the  people  of  this 
State  required  the  Surveyor-General  to  reserve,  in  each  township,  one  lot  for 
the  support  of  the  gospel,  and  one  lot  for  the  use  of  schools  in  such  townsMp. 

The  following  is  a  list  of  the  principal  reservations  of  this  nature,  viz. : 

One  lot,  of  550  acres,  in  eacli  of  the  twenty-eight  townships  in  the  military 
tract. 

Forty  lots,  of  250  acres  each,  in  each  of  the  twenty  townships  west  of  the 
Unadilla  river,  being  ten  thousand  acres. 

One  lot,  of  G40  acres,  in  each  of  the  townships  of  Fayette,  Clinton,  Greene, 
Warren,  Chenango,  Sidney  and  Hampden,  then  in  the  counties  of  Broome  and 
Chenango. 

Ten  lots,  of  G40  acres  each,  in  tlie  townships  along  the  St.  Lawrence. 


DiSBURSEMEXT   OF   SciIOOL   Moi<rETS.  65 

In  the  towniiip  of  Plattsburgli  400  acres  were  reserved  for  the  use  of  a 
minister  of  the  gospel,  and  460  acres  for  the  use  of  a  public  school  or  schools 
in  the  said  township. 

In  the  township  of  Benson  G40  acres  were  reserved  for  gospel  and  schools. 

By  an  act  passed  in  1798,  in  relation  to  gospel  and  school  lots,  it  is  provided 
"  that  the  moneys  arising  from  the  leasing  of  the  said  lots  of  land  as  aforesaid, 
and. from  the  trespasses  aforesaid,  shall  be  applied  to  the  use  of  schools  or  sup- 
port of  the  gospel  in  the  original  to-^\Tiships,  as  surveyed,  in  which  such  lota 
shall  be  respectively  situated,  and  for  no  other  purpose ;  which  said  application 
shall  be  made  either  for  schools  or  gospel,  or  both,  and  in  such  way  and  man- 
ner as  the  freeholders  and  inhabitants  of  the  towns,  in  which  the  same  lands 
shall  lie,  shall  in  legal  town  meeting  from  time  to  time  direct,  order  and 
apjxjint." 

By  an  act  passed  in  1808,  the  act  of  1798  was  extended  to  all  the  townships 
where  lots  of  land  are  reserved  for  the  support  of  gospel  and  schools,  and  the 
following  provision  was  added : 

"SI.  Bs  it  enacted,  etc..  That  the  moneys  arising  from  the  annual  rents  and 
profits  of  the  gospel  lots  in  each  township  shall  be  equally  divided,  by  the 
supervisor  and  commissioners  appointed  in  each  township,  between  the  several 
religious  societies  legally  organized  in  such  township,  and  that  the  money 
arising  from  the  annual  rents  and  profits  of  the  several  school  lots  shall  bo 
distributed  among  the  schools  kept  in  each  respective  township  by  teachers  to 
be  approved  of  by  the  supervisor  and  commissioners  constituted  by  the  act 
to  which  this  is  an  amendment,  or  a  majority  of  them  in  said  township,  in  pro- 
portion to  the  aggregate  number  of  days  which  the  scholars  in  each  respective 
school  shall  have  respectively  attended  such  schools  in  the  year  immediately 
preceding  such  division." 

The  fourth  section  of  an  act  concerning  the  gospel  and  school  lots,  passed 
in  1813,  is  as  follows  : 

"  And  he  it  further  enacted.  That  the  rents,  issues  and  profits  of  the  aforesaid 
lands,  and  the  annual  interest  of  the  moneys  arising  from  the  sale  thereof, 
shall  be  applied  by  the  said  trustees  [supervisor]  for  the  time  being  to  the  sup- 
port of  the  gospel  and  schools  in  their  several  towns,  in  such  manner  as  the 
freeholders  and  inhabitants  of  the  towns,  respectively,  at  their  annual  town 
meeting,  shall  order  and  direct,  or  as  the  Legislature  shall  prescribe  by  law." 
(SeiSJcre  Laws  of  1813,  ^.  157.) 

In  1819,  an  act  was  passed  in  relation  to  the  gospel  and  school  lots,  which 
contains  the  following  section : 

"  §  2.  And  be  it  further  enacted.  That  all  moneys  now  due  or  hereafter  to 
become  due,  and  which  shall  have  come  into  the  hands  of  the  aforesaid  com- 
missioners of  public  lots,  and  have  not  been  applied  and  paid  over  to  religious 
societies,  sliall  be  apportioned  among  the  several  school  districts  in  the  several 
towns  of  the  aforementioned  counties  [Onondaga,  Cayuga  and  Seneca],  any 
thing  in  the  acts  heretofore  passed  to  the  contrary  notwithstanding." 

By  section  1  of  chapter  186,  Laws  of  1846,  "  the  office  of  trustees  of  the  gos- 
pel and  school  lots  in  the  several  towns  in  this  State  is  hereby  abolished ;  and 
the  powers  and  duties  now  by  law  conferred  and  imposed  upon  said  trustees 
shall  hereafter  be  exercised  by  the  town  superintendent  of  common  schools 
[supervisor]." 

9 


66  Disbursement  of  School  Moneys. 

By  the  provisions  of  chapter  15,  title  4,  of  part  1  of  tlie  Re\-itEd  Statutes,  tlie 
trustees  of  tlic  several  gospel  aud  school  lois  [supervisor]  were  authorized  and 
required : 

"1.  To  take  and  hold  possession  of  the  gospel  and  school  lot  of  their  town  ; 

"  2.  To  lease  the  same  for  such  time,  not  exceeding  twenty-one  years,  and 
upon  such  conditions,  as  they  shall  deem  expedient ; 

"  3.  To  sell  the  same,  with  the  ad\'ice  and  consent  of  the  inhabitants  of  the 
town,  in  town  meeting  assembled,  for  such  prices  and  upon  such  terms  of 
credit  as  shall  appear  to  them  most  advantageous  ; 

"  4.  To  invest  the  proceeds  of  such  sales  in  loans  secured  by  bond  and  mort- 
gage upon  unincumbered  real  property  of  the  value  of  double  the  amoimt 
loaned  ; 

"  5.  To  purchase  property  so  mortgaged  upon  a  foreclosure,  and  to  hold  and 
convey  the  property  so  purchased,  whenever  it  shall  become  necessary  ; 

"G.  To  release  the  amount  of  such  loans  repaid  to  them  upon  the  like 
security ; 

"  7.  To  apply  the  rents  and  profits  of  such  lots,  and  the  interest  of  the  money 
arising  from  the  sale  thereof,  to  the  support  of  the  gos]:)el  and  schools,  or 
either,  as  may  be  provided  by  law,  in  such  manner  as  shall  be  thus  provided ; 

"8.  To  render  a  just  and  true  account  of  the  proceeds  of  the  sales,  and  the 
interest  on  the  loans  thereof,  and  of  the  rents  and  profits  of  such  gospel  and 
school  lots,  and  of  the  expenditure  and  appropriation  thereof,  on  the  last  Tues 
day  next  preceding  the  annual  town  meeting  in  each  year,  to  the  board  of 
auditors  of  the  accounts  of  other  to'vvii  ofScers  ; 

"  9.  To  deliver  over  to  their  successors  in  office  all  books,  papers  and  securi 
ties  relating  to  the  same,  at  the  expiration  of  their  respective  offices  ;  and 

"  10.  To  take  therefor  a  receipt.  Which  shall  be  filed  in  the  clerk's  office  of 
the  town. 

"  ^  4.  The  board  of  auditors  in  each  town  shall  annually  report  the  state  of 
the  accounts  of  the  trustees  of  the  gospel  and  school  lots  [supervisor]  in  that 
town  to  the  inhabitants  thereof,  at  their  annual  town  meeting. 

"  §  5.  Whenever  a  town,  having  lands  assigned  to  it  for  the  support  of  the 
gospel  or  of  schools,  shall  be  divided  into  two  or  more  toAvns,  or  shall  be  altered 
in  its  limits  by  the  annexing  of  a  part  of  its  territory  to  another  town  or  towns, 
such  lands  shall  be  sold  by  the  trustees  [supervisor]  of  the  town  in  which  such 
lands  were  included  immediately  before  such  division  or  alteration  ;  and  the 
proceeds  thereof  shall  be  apportioned  between  the  towns  interested  therein,  in 
the  same  manner  as  the  other  public  moneys  of  towns  so  divided  or  altered  are 
apportioned. 

"  §  G.  The  shares  of  such  moneys  to  which  the  towns  shall  be  respectively 
entitled  shall  be  paid  to  the  trustees  of  the  gospel  and  school  lots  [superAisor] 
of  the  respective  towns,  and  shall  thereafter  be  subject  to  the  provisions  of 
this  title. 

"  §  7.  If  in  either  of  such  towns  trustees  of  gospel  and  school  lots  shall  not 
have  been  chosen,  or  there  bo  none  in  office,  the  share  of  such  town  shall  be 
paid  to  the  supervisor." 

§  2.  The  several  supervisors  continue  vested  with  the  powers 
and  eharged  with  the  duties  conferred  and  imposed  upon  the  com- 
missioners of  common  schools  by  the  act  of  eighteen  hundred  and 
twenty-nine,  entitled  "  An  act  relative  to  moneys  in  the  hands  of 
overseers  of  the  poor," 

The  act  herein  referred  to  is  as  follows  ;  the  word  "  supervisor  "  being  sub- 
stituted in  place  of  "  town  superintendent  "  wherever  the  latter  is  used : 


1 


DiSBUKSEMENT   OF   SCHOOL   MONETS.  67 

*  AN  ACT 

Relative  to  moneys  in  the  hands  of  overseers  of  the  poor.     Passed  April  21,  1829. 

"  §  1.  It  shall  be  lawful  for  the  inhabitants  of  any  town,  in  such  counties  as 
have  abolished  the  distinction  lietween  county  and  town  paupers,  and  in  such 
counties  as  may  hereafter  abolish  such  distinction,  at  any  annual  or  special 
town  meeting,  to  appropriate  all  or  any  part  of  the  moneys  and  funds  remain- 
ing in  the  hands  of  the  overseers  of  the  jmor  of  such  town,  after  such  abolition, 
to  such  oljjects  and  for  such  purposes  as  shall  be  determined  at  such  meeting. 

"  i;  2.  If  any  such  meeting  shall  approjjriate  any  such  mouey  or  funds  for  the 
benefit  of  common  schools  in  tlicir  town,  the  money  so  appropriated  shall  bo 
denominated  '  the  common  school  fund  of  such  town,'  and  shall  be  under  the 
care  and  superintendence  of  the  [supervisor]  of  said  town. 

"^  3.  If  any  such  meeting  shall  appropriate  such  money  or  funds  for  the 
benefit  of  common  schools,  after  such  appropriation  shall  have  been  made,  and 
after  the  [supervisors]  shall  have  taken  the  oath  of  otiice,  the  overseers  of  the 
poor  of  such  towns  shall  then  pay  over  and  deliver  to  the  said  [super^isor]  such 
moneys,  bonds,  mortgages,  notes  and  other  securities  remaining  in  their  hands, 
as  such  overseers  of  the  poor,  as  will  comi)ort  with  the  appropriation  made  for 
the  benefit  of  common  schools  of  their  town. 

"  §  4.  The  said  [supervisors]  may  sue  for  and  collect,  in  their  name  of  office, 
the  money  due  or  to  become  due  on  such  bonds,  mortgages,  notes  or  other 
securities,  and  also  all  other  securities  by  them  taken  under  the  provisions  of 
this  act. 

"  §  5.  The  moneys,  bonds,  mortgages,  notes  arid  other  securities  aforesaid 
shall  continue  and  be  a  permanent  fund,  to  be  denominated  the  common  school 
fimd  of  the  town  appropriating  the  same,  the  annual  interest  of  which  shall  be 
applied  to  the  support  of  common  schools  in  such  towns,  unless  the  inhabitants 
of  such  town,  in  annual  town  meeting,  shall  make  a  different  disposition  of  the 
whole  of  the  principal  and  interest,  or  any  part  thereof,  for  the  benefit  of 
the  common  schools  of  such  town. 

"  §  6.  The  said  [supervisors],  whenever  the  whole  or  any  part  of  the  princi- 
pal of  said  fund  shall  come  to  their  hands,  shall  loan  the  same  on  bond, 
secured  by  a  mortgage  on  real  estate  of  double  the  value  of  the  moneys  so 
loaned,  exclusive  of  buildings  or  artificial  erections  thereon. 

"  5^  7.  The  said  [supervisors]  may  purchase  in  the  estate  on  which  the  fund 
shall  have  been  secured,  upon  the  foreclosure  of  any  mortgage,  and  may  hold 
and  convey  the  same  for  the  use  of  said  fund. 

"§  8.  The  .said  [super\isors]  shall  retain  the  interest  of  said  common  school 
fund,  wliich  shall  ])e  distributed  and  applied  to  the  support  of  common  schools 
of  such  town,  in  like  manner  as  the  public  money  for  the  support  of  common 
schools  shall  be  distributed  by  law. 

"  J$  9.  The  said  [supervisors]  shall  account  annually,  in  such  manner  and  at 
such  times  as  town  officers  are  required  by  law  to  account,  and  shall  deliver  to 
their  successors  in  office,  all  moneys,  books,  securities  and  papers  whatsoever 
relating  to  said  fund,  and  shall  take  a  receipt  therefor,  and  file  the  same  with 
the  town  clerk." 


§  3.  A  supervisor  who  shall  embezzle  or  apply  to  his  own  private 
nse  any  money  or  security  received  by  him  under  any  provisions 
of  this  act,  including  the  two  preceding  sections  of  this  title,  shall 
be  guilty  of  a  misdemeanor,  and  any  fine  imposed  upon  a  convic- 
tion thereof  shall  be  for  the  benefit  of  the  common  schools  of  the 
town.    {jSee  sec.  22,  of  tide  3.) 


68  Disbursement  op  School  Moneys. 

§  4.  On  the  first  Tuesday  of  Marcli  in  each  year,  each  supervi- 
sor shall  make  a  return  in  writing  to  the  county  treasurer  for  the 
use  of  the  school  commissioners,  showing  tha  amounts  of  school 
moneys  in  his  hands  not  paid  out  on  the  orders  of  trustees  for 
teachers'  wages,  nor  drawn  by  them  for  library  purposes,  and  the 
districts  to  which  they  stand  accredited  (and  if  no  such  money 
remain  in  his  hands,  he  shall  report  that  fact) ;  and  thereafter  he 
shall  not  pay  out  any  of  said  moneys  until  he  shall  have  received 
the  certificate  of  the  next  apportionment ;  and  the  moneys  so 
returned  by  him  shall  be  re-apportioned  as  hereinbefore  directed. 

§  5.  Any  supervisor  who  neglects  to  make  the  said  return,  or 
shall  make  a  false  return,  shall  forfeit  twenty-five  dollars,  to  be 
recovered  by  his  successor  in  office,  or,  if  he  be  re-elected,  by  the 
county  treasurer  of  the  county  in  which  the  town  lies,  for  the 
benefit  of  the  common  schools  of  the  county.  {See  sec.  22,  of  title  3.) 

§  6.  It  is  the  duty  of  every  supervisor : 

1.  To  disburse  the  school  moneys  in  his  hands  applicable  to 
teachers'  wages,  including  the  library  moneys  apportioned  to  the 
district,  if  they  do  not  exceed  thi-ee  dollars,  and  library  moneys 
made  so  applicable  by  the  approbation  of  the  State  Superintend- 
ent, upon,  and  only  upon,  the  written  orders  of  a  sole  trustee  or  of 
a  majority  of  the  trustees  in  favor  of  qualified  teachers,  or  upon 
the  order  of  the  trustee  of  a  separate  neighborhood  in  favor  of  any 
teacher  of  a  school  in  an  adjoining  State,  recognized  by  him  and 
.patronized  by  the  inhabitants  of  such  neigliborhood ;  such  teacher 
shall  be  deemed  a  qualified  teacher; 

2.  To  disburse  library  moneys  other  than  those  above-mentioned, 
upon,  and  only  upon,  the  written  orders  of  a  sole  trustee,  or  of  a 
majority  of  the  trustees,  certifying  that  they  are  for  books  actually 
purchased  or  contracted  for,  or  for  maps,  globes,  blackboards,  or 
other  apparatus  for  the  use  of  the  school,  duly  authorized  by  a 
vote  of  the  district  to  be  purchased  with  such  moneys,  and  naming 
the  books  or  the  school  apparatus,  and  the  prices  ; 

3.  In  the  case  of  a  union  iVec  scliool  district,  to  pay  over  all  the 
school  money  apportioned  thereto,  whether  for  the  payment  of 
teachers'  wages,  or  as  library  moneys,  to  the  treasurer  of  such  dis- 
trict, upon  the  order  of  its  board  of  education  ; 

4.  To  keep  a  just  and  true  account  of  all  the  school  moneys 
received  and  disbursed  by  him  during  cacli  year,  and  to  lay  the 


Disbursement  of  School  Moneys,  G9 

same,  with  proper  vouchers,  before  the  board  of  town  auditors  at 
each  annual  meeting  thereof; 

5.  To  have  a  bound  blank  book  (tlie  cost  of  which  shall  be  a 
town  charge),  and  to  enter  therein  all  liis  receipts  and  disburse- 
ments of  school  moneys,  specifying  from  wliom  and  for  what  pur- 
poses they  were  received,  and  to  Avhom  and  for  what  purposes 
they  were  paid  out ;  and  to  deliver  the  book  to  his  successor  in 
office  ; 

6.  Within  fifteen  days  after  the  termination  of  his  office,  to 
make  out  a  just  and  true  account  of  all  school  moneys  theretofore 
received  by  him,  and  of  all  disbursements  thereof,  and  to  deliver 
the  same  to  the  town  clerk,  to  be  filed  and  recorded,  and  to  notify 
his  successor  in  office  of  such  rendition  and  filing ; 

7.  So  soon  as  the  bond  to  the  county  treasurer,  by  the  third 
article  of  the  third  title  of  this  act  required,  sliall  have  been  given 
by  him  and  approved  by  the  treasurer,  to  deliver  to  his  predeces- 
sor the  treasurer's  certificate  of  these  facts,  to  procure  from  the 
town  clerk  a  copy  of  his  predecessor's  account,  and  to  demand 
and  receive  from  him  any  and  all  school  moneys  remaining  in  his 
hands ; 

8.  Upon  receiving  such  a  certificate  from  his  siiccessor,  and  not 
before,  to  pay  to  him  all  school  moneys  remaining  in  his  hands, 
and  to  forthwith  file  the  certificate  in  the  town  clerk's  office ; 

9.  By  his  name  of  office,  when  the  duty  is  not  elsewhere  imposed 
by  law,  to  sue  for  and  recover  jDenalties  and  forfeitures  imposed 
for  violations  of  this  act,  and  for  any  default  or  omission  of  any 
town  officer  or  school  district  board  or  officer  under  this  act;  and, 
after  deducting  liis  costs  and  expenses,  to  report  the  balances  to 
the  school  commissioner; 

10.  To  act,  when  thereto  legally  required,  in  the  erection  or 
alteration  of  a  school  district,  as  in  the  sixth  title  of  this  act  pro- 
vided, and  to  perform  any  other  duty  which  may  be  devolved 
upon  hi:n  by  this  act,  or  any  other  act  relating  to  common  schools. 

The  law  -which  governed  town  superintendents,  and  now  governs  the  super- 
visors, in  the  disbursement  of  so  much  of  the  school  moneys  as  is  apportioned 
for  the  payment  of  teachers'  wages,  requires  tliem  to  pay  it  upon  written 
orders  drawn  upon  them  by  a  sole  trustee  or  a  majority  of  the  trustees  of  each 
district  in  favor  of  qualified  teaxrhers.  If  the  order  is  regular  upon  its  face — • 
that  is  to  say,  if  it  bears  the  signature  of  a  majority  of  the  persons  acting  in 


"70  DiSBTJRSEilENT   OF    SciIOOL   MoNEYS. 

fact  as  trustees  of  a  district,  under  color  of  an  election,  in  favor  of  a  person 
wliom  it  states  to  be  a  duly  qualified  teacher  employed  by  them  in  the  district 
during  the  year  in  which  it  is  drawn,  and  in  payment  of  his  wages  as  such 
teacher — it  is  a  sutBcient  voucher  for  the  supervisor,  and  it  is  not  for  him  to 
inquire  whether  the  trustees  have  exceeded  their  authority  or  acted  improperly 
in  drawing  the  order.  If  presented  by  any  other  person  than  the  teacher  in 
whose  favor  it  is  drawn,  it  should  bear  his  written  indorsement  or  order  for 
payment  to  a  specified  person. 

Library  money  may  be  paid  to  any  person  upon  the  written  order  of  a 
majority  of  the  trustees. 

The  account  to  be  kept  under  this  section  may  be  a  simple  cash  account,  in 
wliich  the  supervisor,  peiso/ialli/  and  in  his  individual  name,  is  charged  with 
all  school  moneys  received  by  him  and  credited  with  each  payment,  specifying 
the  date,  the  person  to  whom  and  the  account  on  which  it  was  made.  It  would 
conduce  to  accuracy  and  convenience,  in  passing  his  accounts  before  the  board 
of  town  auditors,  to  number  each  credit  consecutively,  and  to  affix  the  same 
number  to  the  order,  receipt  or  other  voucher  to  be  produced  in  proof  of  pay- 
ment and  in  support  of  such  credit.  This  account  should  be  kept  in  a  bound 
book,  to  be  handed  over  to  his  successor  in  office,  and  a  transcript  of  such 
account  to  be  drawn  off,  and,  with  the  accom]ianying  vouchers,  be  presented 
to  the  board  of  town  auditors  for  their  examination.  As  that  examination 
may  take  place  before  the  close  of  his  official  term,  it  would  be  well,  upon  its 
completion,  to  have  the  town  auditors  enter  upon  the  original  account,  in  the 
blank  book,  their  certificate  that  they  have  examined  such  account  up  to  and 
including  the  last  preceding  entry  (giving  its  date)  and  the  vouchers  therefor, 
and  have  audited  and  allowed  the  same. 

In  addition  to  the  cash  account  of  the  individual  supervisor,  a  continuous 
accomit  is  to  be  kept  between  each  district  and  the  supervisor,  officially,  with- 
out break  or  change  when  a  new  incumbent  succeeds  to  the  office. 

The  board  of  town  auditors  is  required  by  law  to  meet  annually  in  each 
town,  at  the  place  of  holding  the  last  town  meeting,  on  the  last  Thursday 
preceding  the  annual  meeting  of  the  board  of  supervisors  of  the  county. 
(Chapter  228  of  1844.)  It  consists,  for  the  purpose  of  examining  the  super- 
visor's accoiint,  of  the  town  clerk  and  justices,  or  any  two  of  the  justices, 
of  the  peace.  The  supervisor,  who  is  ordinarily  a  member,  cannot,  of 
course,  act  in  his  own  case.  The  account  to  be  presented  to  them  is  to  be 
accompanied  by  an  affidavit,  attached  to,  and  to  be  filed  with,  such  account, 
made  by  the  person  presenting  or  claiming  the  same,  that  the  items  of  such 
account  are  correct,  and  that  the  disbursements  charged  therein  have  been 
in  fact  made.    {Section  2,  chapter  490  of  1847.) 

The  account  to  be  rendered  by  the  supervisor  to  his  successor  in  office 
includes  as  well  that  portion  thereof  which  has  been  examined  by  the  town 
auditors  as  that  which  relates  to  his  subsequent  receipts  and  di.sbursement3. 
Inasmuch  as  it  is  to  be  filed  and  recorded  in  the  office  of  the  town  clerk,  it 
must,  independent  of  and  in  addition  to  the  original  cash  account,  be  entered 
upon  the  blank  book. 


Disbursement  of  School  Moneys. 


•71 


Tlie  object  of  an  account  book  to  be  kept  by  the  supervisor  and  to  pass  to  bis 
successors  in  office,  is  to  enable  the  latter  to  ascertain  at  any  future  time  the 
state  of  the  accounts  of  each  district  with  any  of  their  predecessors  at  any 
given  date.  To  effect  this  object  it  is  essential  that  a  separate  account  should 
be  kept  with  the  trustees  of  each  district  and  separate  neighborhood,  regard- 
ing them  as  a  perpetual  cori)oration.  It  is  in  substance  an  accoimt  between 
the  district  and  the  town,  which  is  not  broken  or  affected  by  any  change  in  the 
officers  of  either.    It  may  be  in  the  following  form ; 

Trustees  of  District  Xo.  2,  tcith  the  Supervisor  of  Town  of 


Dk. 

July  27th.  To  paid  Miss  Anna 
Davis,  teacher's  wages,  on 
order  of  /.  1).  and  C.  S., 
trustees  (voucher  No.  12),.. 

Sep.  3d.  Paid  Noah  Parsons  on 
teacher's  wages,  on  order  of 
J.  D.  and  Z.  J/.,  trustees 
(voucher  No.  33  >, 

Sep.  2')th.  Paid  L.  M.  and  P. 
-S'.,  trnstees,  library  money 
(voucher  No.  46) 

Oct.  22d.  To  copy  Code  of  Pub- 
lic Instruction, 

$42 

21 

4 
1 

60 

20 

18 
50 

Cr. 

1S5G 

June  7th.  By  cash  received  from 
late  town  supcrinteudt'nt 
for  teachers'  wages, 

$63 

4 

166 

8 

2 

80 
18 

60 
36 

10 
16 

18.->7 

April  2d.  Cash  of  county  treasu- 
rer for  teachers'  wages, 

Do.  lor  library, 

May  12th.    Cash  of  county  treas- 
urer on   supplemental    ap- 
portionment   for  teachers' 

wages,   

Do.  for  libraiy, 

The  orders  and  other  vouchers  of  the  account  of  the  supervisor  going  out  of 
office  belong  to  him  only  in  his  official  character,  and  should  be  delivered  to 
his  successor,  precisely  as  if  he  was  vacating  an  official  place  of  business  iu 
which  such  vouchers  were  by  law  required  to  be  filed  and  kept.  On  turning 
them  over  to  his  successor,  the  latter  should  give  to  his  predecessor  a  receipt 
which  may  be  substantially  in  the  following  form : 


Received  of  Jolin  Doe,  late  supervisor  of  the  town  of  "      ,         dollars 

and        cents  for  balance  of  school  moneys  remaining  in  his  hands. 

Also,  vouchors  from  Xo.  to  Xo.  ,  both  inclusive,  in  support  of  his 

charges  for  disbursements,  bearing  the  same  numbers  in  his  cash  account,  and 
amounting  in  the  aggregate  to  the  sum  of  dollars  and  cents. 

Also,  one  (or  two  or  more,  as  the  case  may  be)  bound  account  book,  and  one 
copy  IIiiU's  Treatise  on  Town  Officers  (or  whatever  other  books,  papers  or  other 
property  are  in  his  custody  as  supervisor).        Dated 

R.  ROE,  Supervisor  of 

The  account  book  should  contain  an  inventory  of  all  books  or  other  property 
which  may  from  time  to  time  come  into  the  custody  of  the  supervisor  in  the 
discharge  of  his  duties  as  a  school  officer. 


19  Duties  of  Town  Clebk. 

TITLE  Y. 

OF  THE    DUTIES  OF  THE  TOWN  CLERK  UNDER  THIS  ACT. 

Section  1.  It  shall  be  the  duty  of  the  town  clerk  of  each  town: 

1.  Carefully  to  keep  all  books,  maps,  papers  and  records  of  his 
office  touching  common  schools,  and.  forthwith  to  report  to  the 
supervisor  any  loss  of  or  injury  to  any  of  them  which  may  happen ; 

2.  To  receive  from  the  supervisor  the  certificates  of  apportion- 
ment of  school  moneys  to  the  town,  and  to  record  them  in  a  book 
to  be  kept  for  that  purpose  {See  sec.  30,  of  title  3) ; 

3.  Forthwith  to  notify  the  trustees  of  the  several  school 
districts  and  separate  neighborhoods  of  the  filing  of  each  such 
cirtificate ; 

4.  To  see  that  the  trustees  of  the  school  districts  and  separate 
neighborhoods  make  and  deposit  Avith  him  their  annual  reports 
within  the  time  prescribed  by  law,  and  to  deliver  them  to  the 
school  commissioner  on  demand  [See  sec.  60,  of  title  V) ;  and  to 
furnish  the  school  commissioner  of  the  school  commissioner  dis- 
trict, in  which  his  town  is  situated,  the  names  and  post-office 
address  to  the  school  district  officers  reported  to  him  by  the  dis- 
trict clerks  {See  sub.  5,  of  sec.  37,  of  title  1)  ; 

5.  To  distribute  to  the  trustees  of  the  school  districts  and 
separate  neighborhoods  all  blanks  and  circulars  which  shall  be 
delivered  or  forwarded  to  him  by  the  State  Superintendent  or 
school  commissioner  for  that  purpose ; 

6.  To  receive  from  the  supervisor,  and  record  in  a  book  kept  for 
that  purpose,  the  annual  account  of  the  receipts  and  disbursements 
of  school  moneys  required  to  be  submitted  to  the  town  auditors, 
together  Avith  the  action  of  the  town  auditors  thereon,  and  to  send 
a  copy  of  the  account  and  of  the  action  thereon,  by  mail,  to  the 
Superintendent  of  Public  Instruction,  whenever  required  by  him, 
and  to  file  and  preserve  tlie  vouchers  accompanying  the  account 
{See  sub.  5,  of  sec.  6,  of  title  4)  ; 

7.  To  receive  and  to  record,  in  the  same  book,  the  supervisor's 
final  account  of  tlie  school  moneys  received  and  disbursed  by  him, 
and  deliver  a  copy  thereof  to  such  supervisor's  successor  in  office 
{See  si(b.  6,  of  sec.  G,  of  title  4) ; 

8.  To  receive  from  the  outgoing  supervisor,  and  file  and  record 
in  the  same  book,  the  county  treasurer's  certilicate  that  his  sue- 


Duties  of  Iown  Clerk.  V3 

cesser's  bond  has  been  given  and  approved  {See  sicb.  8,  of  sec.  6, 
of  title  4)  ; 

9.  To  receive,  file  and  record  the  descriptions  of  the  school  dis- 
tricts and  neighborhoods,  and  all  papers  and  proceedings  delivered 
to  him  by  the  school  commissioner  jjursuant  to  the  next  title  of 
this  act ; 

10.  To  act,  when  thereto  legally  required,  in  the  erection  or 
alteration  of  a  school  district,  as  in  the  next  title  of  this  act  pro- 
vided {See  sub.  4,  of  sec.  1,  of  title  6) ; 

11.  To  receive  and  preserve  the  books,  papers  and  records  of 
any  dissolved  school  district,  which  shall  be  ordered,  as  herein- 
after provided,  to  be  deposited  in  his  office  ; 

12.  To  perform  any  other  duty  which  may  be  devolved  upon 
him  by  this  act,  or  by  any  other  act  toucliing  common  schools. 

§  2.  The  necessary  expenses  and  disbursements  of  the  town 
clerk,  in  the  performance  of  said  duties,  are  a  town  charge,  and 
shall  be  audited  and  paid  as  such. 

The  duties  imposed  upon  town  clerks  are  important,  and  upon  their  prompt 
performance  depends,  in  a  great  degree,  the  efficiency  of  the  school  system. 

The  maps,  papers,  books  and  records  relating  to  schools  and  the  school  dis- 
tricts should  be  carefully  kept  and  preserved ;  and,  in  order  to  do  this,  all  papers 
should  be  properly  folded  and  filed,  and  tied  in  convenient  packages.  When 
any  paper  is  received  which  is  by  law  required  to  be  recorded  in  a  book,  the 
recording  should  not  be  postponed,  but  should  be  done  immediately,  and  the 
paper  immediately  indorsed,  filed  and  laid  away  safely  in  its  appropriate 
place. 

He  is  required  to  report  to  the  supervisor  any  loss  or  injury  of  the  papers 
and  records  in  his  charge,  in  order  that  losses  may  be  replaced  and  inj  uries 
repaired. 

It  is  presumed  that  the  provisions  of  the  first  three  subdivisions  are  very 
generally  and  faithfully  observed. 

Section  60  of  title  7  requires  the  trustees  to  deposit  their  annual  reports 
with  the  town  clerk,  between  the  first  and  second  Tuesdays  of  October  in  each 
year.  They  should  be  made  by  the  outgoing  trustee  as  soon  as  September  30, 
and  deposited  with  the  town  clerk  previous  to  the  annual  school  meeting.  If 
this  is  not  done,  the  town  clerk  should,  by  letter,  admonish  the  trustees  of 
their  duty,  and  obtain  from  them  the  reports  without  delay. 

The  town  clerk  should  examine  every  report  as  soon  as  it  comes  into  his 
hands,  and  if  possible  in  the  presence  of  the  trustee  delivering  it,  in  order  that 
any  mistakes  may  be  detected  and  corrected  at  once,  or  that  the  trustee  may 
retain  it  for  correction.  If,  however,  necessity  requires  the  report  to  be  returned 
to  the  trustees,  all  mistakes  and  errors  should  bo  pointed  out,  and  particular 
10 


74  Duties  of  Town  Clerk. 

instructions  given  as  to  tlie  manner  of  correcting  eacli,  and  a  day  sliould  be 
appointed  for  tlie  return  of  the  report  to  the  town  clerk. 

On  the  blanks  for  reports  will  be  found  a  blank  certificate  of  filing,  which 
should  be  filled  and  signed  at  the  date  of  filing.' 

The  attention  of  town  clerks  is  particularly  called  to  the  importance  of 
collecting  and  correcting  the  reports  of  trustees  within  the  time  limited  by 
the  law.  It  will  be  remembered  that  from  these  reports  the  school  commis- 
sioner must,  without  delay,  make  his  own  report  to  the  Superintendent, 
embracing  therein  every  one  of  them.  From  the  reports  of  the  commissioners 
the  Superintendent  must  collate,  arrange  and  digest  all  the  facts,  and  present 
the  results  to  the  Governor  at  a  day  so  early  that  he  may  be  able  to  weigh 
them  carefully,  and  incorporate  a  statement  thereof,  with  such  recommenda- 
tions as  he  may  deem  proper,  in  his  annual  message  to  the  Legislature.  The 
Superintendent  must  also  have  ample  time  to  prepare  his  own  rejoort  to  the 
Legislature,  with  all  the  accompanying  tables,  and  carefully  to  prepare  the 
items  upon  which  he  must  make  the  annual  apportionment  of  school  moneys. 

The  town  clerk  should  obtain  a  report  from  the  trustees  of  every  district, 
even  though  a  district  school,  taught  by  a  duly  qualified  teacher,  may  not 
have  been  maintained  during  the  time  required  by  law,  or  even  for  a  single 
day.     The  school  commissioner  should  be  made  acquainted  with  all  the  facts. 

It  is  suggested  that  the  clerk  should  have  a  safe  place  in  which  to  deposit 
the  reports,  and  that  each  should  be  filed  and  deposited  therein  at  the  moment 
of  its  acceptance  at  his  oflBce. 

Subdivision  5  of  section  37  of  title  7  requires  that  each  district  clerk  shall 
"  report  to  the  town  clerk  of  the  town  in  which  the  school-house  of  his  district 
is  situated,  the  names  and  post-office  address  "  of  all  district  officers.  By  sub- 
di^^sion  4  of  the  first  section  of  title  5,  each  town  clerk  is  required  to  furnish 
the  school  commissioner  vnth.  a  like  list  of  the  school  officers  for  every  district 
in  his  town.  It  is  hoped  that  the  importance  of  this  requirement  is  fully 
appreciated,  and  that  the  duties  enjoined  are  faithfully  and  punctually  per- 
formed. 

Subdivision  5  relates  to  the  distribution  of  blanks,  circulars  and  other  school 
documents  by  town  clerks.  Section  2  provides  that  "  the  necessary  expenses 
and  disbursements  of  the  tovvn  clerk,  in  the  performance  of  said  duties,  are  a 
town  charge,  and  shall  be  audited  and  paid  as  such."  In  view  of  this  last  pro- 
vision, it  is  earnestly  requested  that,  on  the  receipt  of  any  blanks,  circulars  or 
other  school  documents,  forwarded  to  town  clerks,  they  will  immediately 
deliver  them,  or  cause  them  to  be  delivered,  to  the  trustees  of  the  respective 
districts. 

In  every  case  where  any  order  annulling  or  dissolving  any  school  district,  or 
altering  its  boundaries  or  changing  its  number,  is  received,  such  order  should 
be  promptly  recorded  in  full  among  the  pennanent  records  of  the  town. 

It  is  believed  that  town  clerks  are,  in  some  instances,  negligent  in  the  per- 
formance of  the  duties  enjoined  by  subdivisions  6,  7,  8  and  9  of  section  1  of 
title  5,  so  far  as  relates  to  the  record  which  they  are  required  to  make.  These 
duties  are  important;  and  no  matter  of  record  should  be  delayed /or  a  single 


Formation",  etc.,  of  School  Districts.  ^5 

day.  This  neglect  gives  rise  to  numerous  appeals  to  the  department,  and 
much  vexatious  litigation  in  the  courts,  causing  great  expense  to  the  people, 
and  seriously  disturbing  the  peace,  and  in  many  cases  ruining  for  years  the 
schools  of  the  districts  afl'ected  thereby.  In  view  of  these  consequences  the 
necessity  of  attending  Avith  promptness  to  all  matters  of  permanent  record 
cannot  be  too  strongly  urged  upon  town  clerks. 


TITLE  VI. 

OF    THE     FORMATION",    DISSOLUTION    AND    ALTERATION"     OF     SCHOOL 
DISTRICTS    AND    SEPARATE    NEIGHBORHOODS. 

Section  1.  It  shall  be  tlie  duty  of  each  school  commissioner,  in 
respect  to  the  territory  within  his  district : 

1.  To  divide  it,  so  far  as  practicable,  into  a  convenient  number 
of  school  districts,  and  alter  the  same  as  herein  provided ; 

2.  In  conjunction  with  the  commissioner  or  commissioners  of 
an  adjoining  school  commissioner  district  or  districts,  to  set  off 
joint  districts  composed  of  adjoining  parts  of  their  respective 
districts  ; 

3.  To  set  off  by  itself  any  neighborhood  adjoining  any  other 
State  of  the  Union,  where  it  shall  be  found  most  convenient  for 
the  inhabitants  to  send  their  children  to  a  school  in  such  adjoining 
State ; 

4.  To  describe  and  number  the  school  districts,  and  joint  dis- 
tricts, and  to  deliver,  in  writing,  to  the  town  clerk,  the  description 
and  number  of  each  district  lying  in  whole  or  in  part  in  his  town, 
together  with  all  notices,  consents  and  proceedings  relating  to  tlie 
formation  or  alteration  thereof,  immediately  after  such  formation 
or  alteration.  Every  joint  district  shall  bear  the  same  number  in 
every  schooj  commissioner  district  of  whose  territory  it  is  in  part 
composed ; 

5.  To  deliver  to  the  town  clerk  of  the  town  in  which  it  lies,  in 
whole  or  in  part,  a  description  of  each  such  sejjarate  neighbor- 
hood. 

This  section,  so  far  as  it  concerns  the  formation  and  alteration  of  districts, 
relates  only  to  such  districts  as  are  formed  of  territory  lying  wholly  witliin  the 
jurisdiction  of  the  school  commissioner  acting  under  it,  and  the  formation  or 
alteration  of  which,  moreover,  does  not  affect  any  other  district  which  is  wholly 
or  partly  in  the  commissioner  district  or  section  of  another  school  commissioner. 


•7,6  Formation,  etc.,  of  School  Districts. 

If  the  district  to  be  formed,  altered  or  regulated  includes  a  part  of  a  town  under 
the  jurisdiction  of  ajiother  commissioner,  or  involves  the  division  of  a  joint 
district,  any  part  of  which  lies  within  such  other  jurisdiction,  it  is  necessary 
that  all  the  school  commissioners  should  unite  as  a  board  in  making  the  order 
for  such  alteration. 

Tlie  case  is  now  exceedingly  rare  in  which  a  new  district  can  be  formed,  or 
any  district  be  altered,  without  its  necessarily  involving  an  alteration  of  some 
other  district,  and  thus  rendering  it  necessary  to  procure  the  assent  of  trus- 
tees, or  to  suspend  the  operation  of  the  order,  as  provided  in  section  3  of  this 
title. 

Where,  in  pursuance  of  the  provisions  of  subdi\'ision  1,  of  section  13,  title  3 
of  this  act,  it  becomes  the  duty  of  the  commissioner  to  cause  an  amended  record 
of  the  boundaries  of  a  school  district  to  be  made,  he  should  establish  the  dis- 
trict lines  as  they  were  before,  according  to  the  best  evidence  he  can  obtain, 
and  his  order  in  the  matter  will  not  be  considered  as  an  alteration  of  the  dis- 
trict boundaries.  His  order  should  recite  the  fact  that  no  alteration  of  district- 
boimdaries  is  intended  to  be  made,  but  that  a  defective  record  is  to  be  amended, 
under  the  provisions  of  the  section  and  title  above  quoted.  This  order  should 
be  filed  in  the  town  clerk's  office,  and  notice  thereof  should  be  given  by  the 
commissioner  to  the  trustees  of  the  affected  district.  The  previous  consent  of 
trustees  is  not  necessary. 

It  is  of  extreme  importance  that  the  description  of  a  district  should  be  so 
complete  and  definite  that  a  surveyor,  at  any  futiu'o  day,  may  be  able  to  run  its 
boundaries  without  reference  to  any  other  document  than  the  order  forming, 
altering  or  describing  it.  For  this  purpose  the  exterior  lines  should  be  defined 
by  reference  to  natural  monuments,  marked  trees,  creeks,  etc.,  or  to  township 
lines  of  historical  notoriety,  such  as  the  Hires  of  the  great  original  subdivisions 
into  lots,  or  the  course  of  highways.  Where  these  fail,  the  courses  and  dis- 
tances as  ascertained  by  the  compass  and  chain  should  be  given.  The  practice 
of  stating  the  boundary  a3  that  of  "  the  faym  now  in  the  occupation  of  C.  D.," 
or  by  means  of  similar  designations,  frequently  renders  it  very  difficult  to 
ascertain  them,  as  the  occupation  of  land  is  continually  shifting.  In  Grey  v. 
Sheldon,  8th  Verm.  R.,  403,  a  resolution  "to  set  ofl"  Isaac  Grey,  Jr.,  to  school 
district  No.  3,"  was  held  void  on  the  ground  that  school  districts  should  be 
defined  by  geograpliical  limits,  and  be  made  to  consist  of  ttrrit^ry  and  not  of 
persons. 

The  form  of  an  order  forming  or  altering  a  district  may  be  as  follows : 

In  the  matter  of  tho   formation   of  District   No.  ,  in   the 

town  of  ,  county  of  ,  and  the  consequent  alteration 

of  Districts  No.  in  said  town,  and  No-  in  the 

town  of 

It  is  hereby  ordered,  by  the  undersigned  school  commissioner  for  Commis- 

Bioner  District  No.  3,  of  tho  county  of  ,  that  a  new  school  district  be  formed, 

to  consist  of  part  of  District  No.         ,  in  the  town  of  M.,  and  part  of  District 

No.        ,  in  the  town  of  P.,  which  new  district  is  hereby  numbered  [23],  and  ia 


Formation',  etc.,  of  School  Districts.  77 

bounded  as  follows :  Beginning  on  tlie  east  bank  of  Allen's  creek,  at  the  point 
where  the  same  is  intersected  by  the  north  line  of  the  highway  leading  from 
Brighton  to  Pittsford ;  thence  northeasterly  along  said  creek  to  its  j  unction 
with  Irondequoit  creek ;  thence  southeasterly  along  Irondequoit  creek  to  the 
west  line  of  the  town  of  Brighton ;  thence  south  along  the  boundary  line 
between  the  towns  of  Brighton  and  Penfield  to  the  north  line  of  Pittsford ; 
thence  west  on  said  north  line  to  the  State  road ;  thence  north  along  the  State 
road  to  its  intersection  with  the  higliway  first  above  mentioned  ;  thence  north- 
westerly along  said  highway  to  the  place  of  beginning. 

During  the  year  1867  the  school  commissioners,  by  direction  of  the  depart- 
ment, examined  into  the  numbering  of  all  the  school  districts  in  the  State. 
Mistakes  were  corrected,  and  every  district  in  each  towTi  numbered  in  consecu- 
tive order  from  number  one  to  the  highest  number  in  the  town.  Care  was  taken 
that  a  district  lying  partly  in  two  or  more  towns  should  have  but  one  and  the 
same  number  in  the  several  towns.  Previously  some  districts  had  two  or  more 
numbers  ;  a  district  lying  in  two  or  more  towns  had  a  different  number  in  each 
town  ;  and  in  some  cases  two  districts  had  the  same  number.  The  result  was 
confusion  and  error  in  the  reports,  and  in  the  apportionment  of  money.  The 
records  in  the  department  show  the  number  and  the  geographical  position  of 
every  district  in  the  State.  Hereafter  the  commissioners  will  promptly  com- 
municate to  the  department  every  alteration  of  districts,  whereby  a  new  district 
is  formed,  or  two  or  more  are  consolidated,  or  one  is  dissolved  and  its  territory 
annexed  to  other  districts ;  and  also  what  new  number  is  given  to  any  new,  or 
consolidated  district,  and  what  changes  have  been  made  in  the  numbers  in  any 
town — and  thus  one  principal  and  fruitful  source  of  error  and  confusion  will  be 
closed. 

The  manner  in  wliich  the  joint  districts  were  ascertained  and  renumbered  will 
be  seen  in  the  following  extract  from  a  circular  to  school  commissioners,  issued 
in  18G6.  This  extract  is  inserted  here  in  order  to  preserve  in  a  pennanent  form 
the  "  instructions  "  then  given,  and  as  an  example  and  guide  for  the  future, 
should  it  ever  be  necessary  to  review  the  whole,  or  any  part  of  the  work. 

The  various  kinds  of  joint  districts  which  may  exist  are  shown  in  the  accom- 
panying diagram. 

In  the  diagram  the  heavy  continuous  lines  represent  boundary  lines  bet^eeii 
different  counties ;  the  light  continwus  lines,  boundary  lines  between  commis. 
sioner  districts  in  the  same  county ;  the  coarsely  broken  lines,  boundary  lines 
between  towns  lying  in  the  same  commissioner  district ;  the  dot/ed  Uws,  bounda;. 
riesof  school  districts.  Portions  of  school  district  boundaries  are  also,  in  some 
cases,  represented  by  the  other  kinds  of  lines.  In  all  cases  where  a  school 
district  extends  across  the  boundary  line  l)etwcen  two  towns,  that  fact  is  shown 
by  a  short,  straiglit  line  jilaced  on  such  town  boundary  line  at  right  angles 
with  it.  In  case  of  a  joint  district,  two  such  lines  are  so  placed  on  every 
tov.'n  boundary  line  which  separates  different  portions  of  the  district. 

We  vnW,  for  convenience,  assume,  arbitrarily,  names  for  the  different  portions? 
of  territory  represented  by  the  diagram. 


78.  Formation-,  etc.,  of  School  Districts. 

Let  A  B  C  D  represent  a  portion  of  Lincoln  county, 
A  D  G  H        "  "  Grant 

D  G  L  K        "  "  Sherman  " 

and  C  D  K  0        "  "  Slicridan   " 

Let  A  D  E  F  represent  a  portion  of  Lincoln  county,  lying  in  the  first  com- 
missioner district,  and  B  C  E  F  a  portion  lying  in  the  second  commissioner 
district.  Let  D  E  N  K  represent  a  portion  of  Sheridan  county  lying  in  the 
first  commissioner  district,  and  C  E  N  0  a  portion  lying  in  the  second  com- 
missioner district.^ 

Let  D  G  R  P  represent  the  town  of  Homer, 
D  G  L.K        "  "  Virgil, 

D  P  T  S         "  "  Shakespeare, 

E  S  T  U         "  "  Milton, 

C  E  U  V         "  "  Byron, 

D  K  W  S        "  "  Bryant, 

E  N  W  S        "  "  Longfellow, 

and  C  E  N  0         "  "  Whittier. 

The  small  square,  placed  within  the  hounds  of  each  district,  represerrts  the 
location  of  the  school-house  ;  and  the  number  placed  near  it  is  the  number 
by  which  the  district  is  now"  known  in  that  town.  In  some  cases,  where  the 
district  lies  partly  in  two  or  more  towns,  there  is  a  number  standing  in  the 
part  in  each  town,  showing  by  what  number  the  district  is  known  in  each, 
town.  Those  numbers  are  not,  in  all  the  instances,  the  same  for  all  tlie  parts  of 
the  same  district. 

Defikition. — A  joint  school  district  is  a  school  district  which  lies  parilij  in  two 
or  more  counties. 

Remark  1.  Though  a  school  district  lie  partly  in  two  or  more  towns,  or  two 
or  more  commissioner  districts,  still  it  is  not  a  joint  district  unless  it  lie  partly 
in  two  or  more  counties. 

Remark  2.  Every  district  which  is  not  joint  is  to  be  reported  as  a  v:hole.  For 
each  such  district  only  one  annual  report  is  to  be  made  each  year  by  the  trus- 
tees. Such  report  must  always  be  made  to  the  school  commissioner  in  whose 
commissioner  district  the  school-house  is  situated,  and  must  be  deposited  witli 
the  town  clerk  of  the  town  in  which  the  school-house  is  situated. 

Remark  3.  Joint  school  districts  are  numbered  in  two  or  more  towne,  in  order 
that  those  school  commissioners  who  make  the  annual  apportionment  of  school 
moneys  may  receive,  from  the  trustees,  reports  embracing  the  facts  which  form 
the  bases  on  wliich  such  apportionment  is  made. 

The  trustee3  of  every  joint  district  must  make  an  annual  report  to  the  com- 
missioner in  whose  commissioner  district  the  school-house  stands,  cmbrncing  the 
finances  of  the  entire  district  and  also  the  statistics  for  all  that  part  of  the  district 
lying  in  the  county  in  which  the  school-house  is  situated.  This  report  must  be  depos- 
ited by  the  trustees  with  the  town  clerk  of  the  town  in  which  the  school- 
house  is  located.  They  must  also  make  out  a  statistical  report  for  every  part  of 
the  district  which  lies  in  any  t'ovjn  in  any  county  other  than  the  one  in  lohich  the  school- 


Formation,  etc.,  of  School  Districts.  79 

house  stands,  and  deposit  it  -n-itli  tlie  town  clerk  of  the  town  in  wliicb  sucli  part 
of  the  district  lies,  for  the  commissioner  in  whoso  commissioner  district  such, 
town  is  situated. 

Now,  what  district  numbers,  in  the  diagram,  shall  be  dropped  as  useless? 
"What  numbers  shall  be  changed  ?    And  how  shall  they  be  changed  ? 

You  should  strictly  observe  the  following  simple 

PRINCIPLES. 

1.  Every  school  district  which  is  not  a  joint  district  must  be  numbered  only 
in  the  town  in  which  the  school-house  is  located. 

2.  "Eyery  joint  school  district  must  be  nimibered,  in  the  county  in  which  the 
school-house  is  located,  in  that  town  only  in  wliich  the  school-house  is  located. 
It  must  be  numbered,  also,  in  every  ioion,  in  any  other  county,  in  ichich  any  part  of 
it  lies. 

3.  Yixerx  joint  school  district  must  have  the  same  number  in  every  town  where  it 
is  numbered. 

INFERENCE. — The  highest  number  to  be  given  to  any  district  in  any  town, 
■will  be  equal  to  the  number  of  districts  and  (parts  of)  joint  districts  which  are 
to  be  numbered  in  that  town. 

Special  Rem.vrk. — Joint  districts  should  not  be  designated  by  the  largest 
district  numbers  for  the  town,  but,  on  the  contrary,  with  the  smaller  numbers 
in  cases  where  this  can  be  done  without  unnecessary  inconvenience,  for  the 
evident  reason  that,  in  case  any  commissioner  should  subsequently  annul  a 
district,  or  consolidate  two  or  more  districts,  thus  leaving  a  break  in  the  district 
numbers,  he  could  not  take  the  district  having  the  highest  number  in  that 
town,  and  change  its  number  so  as  to  fill  the  break  or  vacancy,  if  it  were  a  joint 
district,  without  the  consent  of  the  other  commissioners.  Should  the  other 
commissioner  consent,  he  would  thus  place  himself  under  the  necessity  of 
changing  the  number  of  still  another  district  in  his  town.  This  difSculty  can- 
not arise  if  the  higher  numbers  are  not  assigned  to  joint  districts. 

homer,  ln  grant  county. 

We  will  first  examine  the  town  of  Plomer,  in  connection  with  the  towns  of 
Shakespeare  in  Lincoln  county,  Bryant  in  Sheridan  county,  and  Virgil  in  Sher- 
man county,  with  which  it  stands  associated. 

In  the  south-east  corner  of  Homer  is  a  part  of  a  joint  district.  The  district 
lies  partly  in  four  towns  which  are  in  foxir  counties.  Hence  the  district  must 
be  numbered  in  each  town.  The  number  must  be  the  same  for  all  the  towns. 
There  are  not  less  than  13  districts  and  parts  of  joint  districts,  which  are  to 
have  numbers,  in  any  one  of  the  four  towns.  Hence  the  number  to  be  assigned 
to  this  district  viay  be  any  number  not  exceeding  13.  The  district  is  now  numbered 
4  in  the  town  of  Virgil,  in  which  the  school-house  stands ;  and  since  neither 
Virgil  nor  Homer  has  any  other  nvimber  4,  we  will  assign  4  as  its  number  in 
all  of  the  towns,  and  drop  the  numbers  5  in  Shakespeare,  G  in  Homer  and  7  in 
Bryant.    (See  third  principle.) 


80  Formation,  etc.,  op  School  Districts. 

In  the  nortli-west  corner  of  Shakespeare  is  a  joint  district  lying  partly  in 
Homer.  It  is  numbered  9  in  Shakespeare,  and  6  in  Homer.  The  district  must 
have  the  same  number  in  both  towns,  since  the  towns  lie  in  different  counties. 
(See  third  principle.) 

There  is  no  other  number  9  in  Shakespeare,  and  there  are  more  than  9 
districts  and  parts  of  joint  districts,  to  be  numbered,  in  either  town,  therefore 
•we  will  call  this  district  number  9  in  botli  towns. 

In  the  south-west  corner  of  Homer  is  a  joint  district  numbered  15  in  Homer 
and  17  in  Virgil.  There  are  not  as  many  as  15  districts  and  parts  of  joint 
districts  to  be  numbered  in  Homer.  Hence,  in  accordance  with  the  in/erence 
Tinder  the  third  principle,  we  will  drop  both  these  numbers,  15  and  17,  and 
give  the  district  a  new  number. 

There  are  only  13  districts  and  parts  of  joint  districts,  which  are  to  be  num- 
bered, in  the  town  of  Homer,  and  the  same  number  in  Virgil ;  hence,  the 
number  to  be  assigned  to  tliis  district  must  not  exceed  12,  according  to  said 
"  inference."  Since  we  have  already  changed  joint  district  number  5,  in  the 
Bouth-east  corner  of  Homer,  to  number  4,  there  is  no  number  5  remaining  in 
Homer.  We  will  therefore  call  this  joint  district,  now  numbered  15  in  Homer 
and  17  in  Virgil,  number  5  in  both  towns.     (Principle  3.) 

Number  10  in  Homer  is  joint,  and  bears  the  same  number  in  Virgil.  There 
is  no  other  number  10  in  Homer,  hence  we  will  retain  this  as  its  number  in 
both  towns. 

Number  7  in  Homer  is  joint,  and  bears  the  same  number  in  both  Homer 
and  Shakespeare.  There  is  no  other  number  7  in  either  town,  and  there  aro 
more  than  7  districts  and  parts  of  joint  districts  to  be  numbered  in  either  town. 
Hence  we  will  retain  7  as  the  number  of  this  district  in  both  towns. 

We  will  now  arrange,  according  to  magnitude,  the  old  district  numbers  in 
the  town  of  Homer,  placing  them  on  a  horizontal  line.  Remembering  tliat  the 
numbers  are,  after  change,  to  be  consecutive,  commencing  witli  1  and  continu- 
ing witliout  break  or  duplication,  and  that  we  are  to  have  only  12  numbers,  wo 
will  proceed  to  change  these  old  numbers  and  write  the  new  niimbers,  for 
which  they  are  changed,  under  them,  tespectivebj,  on  a  second  horizontal  line. 
On  a  third  line  we  will  write  the  new  numbers,  which  we  place  on  the  second 
line,  arranged  according  to  magnitude,  designating  the  joint  districts  by  "jt." 

Old  Nos., 1,  2,  3,  5  jt.,  6  jt.,  7  jt.,  9,        10  jt.,  11,        12,        13,  15  jt. 

New  Nos.,. ...  1,  2,  3,  4  jt.,  9  jt.,  7  jt.,  8,        10  jt.,  11,        13,  G,    5  jt. 

Re-arranged,  .  1,  2,  3,  4  jt.,  5  jt.,  G,        7  jt.,    8,  9  jt.,  10  jt.,    11,  12. 

VIRGIL,   IN   SHERMAN  COUNTY. 

The  parts  of  joint  dlMn'ds  in  this  town  have  all  been  considered,  except  No.  3, 
which  lies  partly  in  the  town  of  Bryant,  Sheridan  county.  Tliere  being  no 
other  No.  3  in  Virgil,  we  will  assign  3  as  the  number  of  this  district,  in  both 
Baid..  towns. 

Wc  will  arrange  the  old  numbers  on  a  horizontal  line,  and  tlic  new  num- 
bers, for  which  they  aro  changed,  under  them,  rcspedivchj ,  on  a  second  lino ; 


Formation,  etc.,  of  School  Districts.  81 

ami,  ou  a  third  line,  tlie  new  numbers,  rc-arranged  according  to  magnitude,  aa 
in  case  of  Homer : 

Old  Nos., 1,  3,  3  jt.,  4  jt.,  5,        6,  7,  8,  10,  10  jt.,  13,  17  jt. 

New  Nos., 1,  3,  3  jt.,  4  jt.,  9,        6,  7,  8,  11,  10  jt.,  13,    5  jt. 

Ke-arranged 1,  3,  3  jt.,  4  jt.,  5  jt.,  6,  7,  8,    9,  10  jt.,  11,  13. 

No.  17  joint  was  changed  to  5  joint  since  we  had  already  assigned  5  aa 
the  district  number  to  this  district  in  Homer,  and,  by  the  third  principle,  the 
district  must  have  the  same  number  in  both  towns. 

SHAKESPEAKE,  IN  LINCOLN  COUNTY. 

There  are  two  districts  lying  partly  in  the  northern  part  of  Shakespeare, 
and  partly  in  another  town  north  of  it ;  also  a  district  in  the  north-east  corner, 
lying  partly  in  Shakespeare  and  Milton,  and  partly  in  the  two  towns  north  of 
them  ;  also  in  tlie  eastern  part,  a  district  numbered  5,  lying  partly  in  Shake- 
speare and  partly  in  Milton.  All  these  towns  lie  in  the  same  county ;  hence 
no  one  of  these  districts  is  joirit,  and,  consequently,  according  to  the  fiirst  prin- 
ciple, each  must  be  numbered  07ily  in  the  town  where  its  school-house  ia 
located.  None  of  them  will  be  numbered  in  Shakespeare.  No.  4,  in  the 
eastern  part  of  the  town,  is  not  a  joint  district,  and  hence  will  be  nimibered  in 
Shakespeare  only,  since  the  school-house  stands  in  that  town. 

No.  5,  in  the  south-east  corner,  is  joint.  The  financial  report  of  the  entire 
district  will  be  filed  in  the  office  of  the  town  clerk  of  Shakespeare,  for  the 
school  commissioner  of  the  first  commissioner  district  of  Lincoln  county.  All 
that  part  of  the  district  which  lies  in  Lincoln  coimty,  though  situated  partly 
in  two  towns,  must  be  reported  statistically  in  one  report,  and  the  report  must  be 
deposited  with  the  town  clerk  of  Shakespeare,  since  the  school-house  stands  in 
that  town.  Hence  it  will  be  re-numbered  in  Shakespeare,  but  not  in  Milton. 
It  must  be  numbered  also  in  Bryant,  and  in  the  town  of  Longfellow,  in  Sheri- 
dan county,  since  a  statistical  report  for  the  part  lying  in  each  of  said  two 
towns  must  be  deposited  with  the  clerk  of  the  town  in  which  such  part  lies,  for 
the  commissioner  of  the  first  commissioner  district  of  Sheridan  coimty.  There 
being  now  no  other  No.  5  in  Shakespeare,  and  the  school-house  standing  in 
that  town,  we  will  call  the  district  No.  5  in  each  of  the  three  towns  named. 

No.  3,  in  the  soiithern  part  of  the  town,  is  &  joint  district. 

Wo  ^vill  now  arrange,  change,  and  then  re-arrange  the  district  nmnbers,  as 
in  case  of  Homer  and  Virgil. 

Old  Nos., ...  1,  3  jt.,  3,  4,  5,  5  jt.,  6  jt.,  7  jt.,  8,  9  jt.,  10,  13,  14,  15, 18. 
New  Nos., . .  1,  3  jt.,  3,  6,  0,  5  jt.,  4  jt.,  7  jt.,  8,  9  jt.,  10,  13,  14,  13, 11. 
Re-arranged,  1,  3  jt.,  3,  4  jt.,  5  jt.,  6,      7  jt.,  8,      9  jt.,  10,      11,  13,  13, 14. 

BRYANT,   IN  SHERIDAN   COUNTY. 

No.  14,  in  the  eastern  part  of  this  town,  lies  partly  in  the  town  of  Longfellow, 
and  is  not  joint.  The  14  should  be  dropped  (according  to  the  first  princijile), 
and  the  district  numbered  oJily  in  the  town  of  Longfellow,  in  which  the  school- 
house  stands. 

11 


82  FOEMATION,    ETC.,    OF    SciIOOL   DISTRICTS. 

Old  Nos., l,3jt.,  3,       3jt.,  4,       4jt.,    5,    7,  7jt.,    8,    9,11,12,14. 

New  Nos., 1,  2jt,  6,        3jt,  7,        5  jt.,  10,  13,  4  jt.,    8,    9,11,12,    0. 

Ee-arranged, 1,  2  jt.,  3  jt.,  4  jt.,  5  jt.,  6,         7,    8,  9,       10,  11,  12,  13. 

MILTOX,   IX  LINCOLN   COUNTY. 

No.  9,  in  tlie  eastern  part  of  tliis  town,  lies  partly  in  Milton  and  partly  in 
Byron.  Both  towns  being  in  Lincoln  county,  the  district  is  not  joint.  It  sliotdd 
be  numbered  in  Milton  only.  The  9  applied  to  it  in  Byron  should  be  dropped. 
No.  6,  in  the  southern  part  of  this  town,  is  joint,  and  shoiild  have  the  same 
number  in  both  Milton  and  Longfellow. 

No.  3,  in  the  south-east  part  of  the  town,  is  joint,  l\ing  partly  in  each  of  the 
towns  of  Milton  and  Byron,  in  Lincoln  county,  and  partly  in  each  of  the  towns 
of  Longfellow  and  Whittier,  in  Sheridan  county.  According  to  the  second  prin- 
ciple, this  district  should  not  be  numbered  in  Byron,  but  the  3  in  that  town 
should  be  dropped. 

The  financial  report  for  the  entire  district,  and  the  statistical  report  for  that 
fart  of  the  district  lying  in  Lincoln  county,  must  be  made  to  the  commissioner 
of  the  first  commissioner  district  of  Lincoln  coimty,  and  deposited  with  the 
town  clerk  of  Milton,  since  the  school-house  is  in  Lincoln  county,  in  the  town 
of  Milton,  in  the  first  commissioner  district.  The  district  must  be  numbered 
also,  according  to  the  second  principle,  in  Sheridan  county,  in  each  of  the  towns 
of  Longfellow  and  Whittier.  A  statistical  report  of  that  part  of  the  district  lying 
in  Longfellow  must  be  made  to  the  commissioner  of  the  first  commissionei 
district  of  Sheridan  county,  and  deposited  with  the  town  clerk  of  Longfellow, 
and  a  statistical  report  of  that  part  lying  in  Whittier  must  be  made  to  the 
commissioner  of  the  second  commissioner  district  of  Sheridan  coimty,  and 
deposited  with  the  town  clerk  of  Whittier.  There  is  no  other  No.  3  in  Milton, 
and  the  school-house  being  in  that  town,  we  will  assign  3  as  the  number  of 
this  district  in  each  of  the  three  towns. 

Old  Nos., 1,  2,  3  jt.,  4,  5  in  S.  part,  5  in  W.  part,  6  jt.,  8,  9,  10,  12,  14. 

New  Nos., 1,2,3  jt.,  4,  5,  7,  6  jt.,  8,  9,  10,  12,  11. 

Re-arranged, 1,  2,  3  jt.,  4,  5,  6  jt.,  7,      8,  9,  10,  11,  13. 

LONGFELLOW,  IN  SHERIDAN  COUNTY. 

District  No.  6,  in  the  town  of  Whittier,  lies  partly  in  Longfellow,  but,  not 
being  a  joint  district,  must  not  be  numbered  in  Longfellow.  (See  first  principle.) 
Old  Nos.,  1,2,3,  4jt.,  5,  5jt.,  G,  6jt.,7,  8,  9inW.pt.,  9  in  S.W\  pt.  12. 
NewNos.^1,3,4,       5jt.,10,       3  jt.,  11, 6jt.,  7,   8,    9,  13,  0. 

lie-arr'd,..  l,2,3,jt.,4         5  jt.,  G  jt.,   7,  8,      9,10,11,  .      12. 

BYRON,   IN  LINCOLN  COUNTY. 

District  No.  14,  lying  partly  in  this  town,  and  partly  in  Whittier,  in  Sheridan 
county,  is  joint,  according  to  the  second  principle,  and  should  be  numbered  in 
both  towns. 

Old  Nos.,. ...  1,  2,  3  jt.,  4,  G,       8,  9  in  S.  part,  9  in  W.  part,  11,  12,  14  jt.,  16. 
New  Nos.,...  1,2,  0,        4,  G,       8,9,  0  10,    7,    5  jt.,    3 

He-arranged,  1,  2,  3,        4,  5  jt.,  6,  7,  8,  9,  10. 


Formation,  etc.,  of  School  Districts.  83 

■whittier,  m  sheridan  county. 

OldNos., 1,2,3,        4,    5,        5  jt.,  6,  7,  9,  11,  14  jt. 

NewNos., 1,2,8,        4,10,        3  jt.,  6,  7,  9,  11,     5  jt. 

lle-arrangcd, 1,  2,  3  jt.,  4,    5  jt.,  G,  7,  8,  9,  10,  11. 

The  orders  changing  the  district  numbers  may  be  in  the  following  forms : 

FOR  districts  NOT  JOINT. 

It  is  hereby  ordered  by  ,  school  commissioner  of  tlic  first 

commissioner  district  of  Lincoln  county,  that  the  school  district  in  the  town 
of  Shakespeare  heretofore  known  as  District  Xo.  4,  of  said  town  (also  com. 
monly  known  as  the  "  Hill  District "),  shall  be  hereafter  known  and  designated 
as  District  No.  6  of  said  town  of  Shakespeare. 

Dated  August  13,  186G. 

School  Commissioner,  First  District,  Lincoln  County. 

FOR  JOINT  DISTRICTS. 

It  is  hereby  ordered  by  ,  school  commissioner  of  the  second 

commissioner  district  of  Lincoln  county,  and  ,  school  commis- 

sioner of  the  second  commissioner  district  of  Sheridan  county,  that  the  joint 
school  district  lying  partly  in  each  of  the  towns,  Byron,  in  Lincoln  county, 
and  Whittier,  in  Sheridan  county  (the  school-house  of  which  is  situated  in  said 
town  of  Byron),  and  heretofore  know-n  as  School  District  No.  14,  in  each  of 
said  towns  (also  commonly  known  as  the  "  Valley  District "),  shall  hereafter 
be  known  and  designated  as  Joint  School  District  No.  5,  in  each  of  said  town 
of  Byron  and  Whittier. 

Dated  August  13,  1866. 

School  Commissioner,  Second  District,  Lincoln  County. 
School  Commissioner,  Second  District,  Sheridan  County. 

Do  not  fail  in  any  instance  to  serve  a  copy  of  the  order  on  the  district  clerk, 
with  a  written  request  that  he  record  the  same  in  the  district  book,  and  also 
give  public  notice  thereof  to  the  inhabitants  at  the  first  annual  or  special 
district  meeting  held  thereafter.  Deposit  the  original  order  with  the  town 
clerk  of  the  town  in  ■which  the  school-house  is  situated,  and  also  a  copy  with 
the  town  clerk  of  every  other  town  in  which  any  part  of  the  district  lies, 
with  the  written  request,  in  each  case,  that  the  order  be  copied  into  the  town 
rccortls. 

§  2.  Willi  the  written  consent  of  the  trustees  of  all  the  districts 
to  be  affected  thereby,  he  may,  by  order,  alter  any  school  district 
Avithiii  liis  jurisdiction,  and  fi.v,  by  said  order,  a  day  when  the  alter- 
ation shall  take  effect. 


84  Formation-,  etc.,  of  School  Disteicts. 

In  case  tlie  order  is  made  witli  tlie  consent  of  tlie  trustees  of  the  districta 
affected  thereby,  or  of  any  such  districts,  the  evidence  of  such  consent  should 
be  annexed  to  the  order  in  substantially  the  following  form  : 

At  a  meeting  of  the  trustees  of  district  No.  ,  in  the  town  of  , 

county  of  ,  called  for  the  purpose  of  considering  certain  proposed 

alterations  thereof,  held  on  the  day,  of  ,  at  which  were  present 

J.  D.  and  R.  S.,  and  in  the  absence  of  P.  T.,  a  trustee,  who,  having  been  duly 
notified  of  such  meeting,  failed  to  attend,  it  was 

Resolved,  That  the  consent  of  the  trustees  of  district  No.  ,  in  the  town 

of  ,  be  and  hereby  is  given  to  the  alteration  of  said  district  by  an 

order  bearing  date  ,  made  by  ,  school  commissioner  for 

the  Commissioner  district  (or  section)  of  county  (or  that  said 

district  be  so  altered  as  to  be  hereafter  boimded  as  follows,  describing  the 
new  boundaries  fully). 

In  witness  whereof  the  undersigned,  a  majority  of  the  said  trustees,  hs,ve 
hereunto  subscribed  our  hands  this  day  of 

J-  D.,  )  ^ 

>  Trustees. 
K.  S.   3 

The  consent  of  the  trustees  must  be  absolute,  not  conditional. 

§  3.  If  the  trustees  of  any  such  district  refuse  to  consent,  he  may 
make  and  file  with  the  town  clerk  his  order  making  the  alteration, 
but  reciting  the  refusal,  and  directing  that  the  order  shall  not  take 
eiFect,  as  to  the  dissenting  district  or  districts,  until  a  day  therein 
to  be  named,  and  not  less  than  three  months  after  the  notice  in 
the  next  section  mentioned. 

In  case  a  majority  of  the  trustees  of  any  district  affected  by  the  order  refuse 
their  consent,  the  order  shoxild  recite  that  fact,  and  that  it  will  not  take  effect 
until  after  three  months'  notice,  in  writing,  to  some  one  or  more  of  such 
trustees,  as  follows : 

"  The  trustees  of  district  No.  not  having  consented  to  this  order,  the 

same  will  not  take  effect,  in  respect  to  such  last  mentioned  district,  until  after  three 
months'  notice,  in  writing,  shall  be  giv"cn  to  some  one  or  more  of  such 
trustees." 

§  4.  Within  ten  days  after  making  and  filing  such  order,  he 
shall  give  at  least  a  week's  notice,  in  writing,  to  one  or  more  of 
the  assenting  and  dissenting  trustees  of  any  district  or  districts  to 
be  afiected  by  the  proposed  alterations,  that  at  a  specified  time  and 
at  a  named  place  within  the  town  in  Avhich  either  of  the  districts 
to  be  aiFected  lies,  he  will  hear  the  objections  to  the  alteration. 
The  trustees  of  any  district  to  be  affected  by  such  order  may 


Formation",  etc.,  of  School  Disteicts.  85 

request  the  supervisoi*  and  tcv^-n  clerk  of  the  town  or  towns  within 
which  sucli  district  or  districts  shall  wholly  or  partly  lie,  to  be 
associated  with  the  commissioner.  At  the  time  and  place  men- 
tioned in  the  notice,  the  commissioner  or  tlie  commissioners,  with 
the  supervisors  and  town  clerks,  if  they  shall  attend  and  act,  shall 
hear  and  decide  the  matter ;  and  the  decision  shall  be  final,  unless 
duly  appealed  from.  Such  decision  must  either  confirm  or  vacate 
the  order  of  the  commissioner,  and  must  be  filed  with  and  recorded 
by  the  town  clerk  of  the  town  or  towns  in  which  the  district  or 
districts  aflected  shall  lie. 


A  written  admission  of  tlie  service  of  sucli  notice,  signed  by  tlie  tnistec  or 
trustees  on  whom  it  is  made,  or  an  affida\it  of  the  service  by  the  person  serving 
the  notice,  should  be  annexed  to  the  original  order,  and  filed  vpith  it  in  the 
town  clerk's  office,  so  that  the  entire  history  of  the  transaction  and  the  date  at 
which  the  order  took  effect  may  be  ascertained  at  any  subsequent  time  without 
inquiry  elsewhere  or  the  examination  of  other  documents. 

All  orders  making  alterations  in  joint  districts  must  be  put  on  record  in  all 
the  towns  of  which  such  districts  constitute  a  part,  even  though  such  alterations 
do  not  directly  affect  persons  residing  in  all  the  towns  in  which  they  are 
recorded :  "  Thus,  although  no  inhabitant  of  Tyrone  was  taken  from  (joint) 
District  No.  6  to  form  No.  8,  the  order,  signed  by  the  commissioners  of  both 
towns,  should  have  been  recorded  in  Tyrone,  because  No.  6  lies  partly  in  that 
town.  It  is  clear  that  unless  such  records  are  made,  the  commissioners  of  one 
town  can  never  know  the  boundaries  of  a  joint  district  -svithout  resorting  to 
records  in  another  town,  over  which  they  have  no  control."  {Per  Bix,  Supt. 
Com.  Schools,  Dec,  p.  175.) 

This  section  was  originally  section  3,  chapter  133  of  1843,  and  was  then  first 
enacted  upon  the  substitution  of  a  to«Ti  superintendent  in  the  place  of  the 
former  town  board  of  commissioners  of  common  schools.  In  so  important  a 
matter  as  the  alteration  of  a  school  district,  the  Legislature  deemed  it  right 
that  the  districts  to  be  affected  should  have  the  benefit  of  the  consultation  and 
judgment  of  a  board  composed  of  three  persons,  whenever,  for  any  reason, 
they  elected  to  associate  them,  in  preference  to  trusting  their  interests  to  the 
sole  jurisdiction  of  the  town  superintendent. 

The  statute  has  not  prescribed  the  steps  to  be  taken  for  convening  the  super- 
visor, town  clerk  and  school  commissioner  to  deliberate  upon  the  alteration  of 
a  district.  The  school  commissioner  cannot  call  upon  the  supervisor  and  clerk 
to  act  with  liim,  for  the  jurisdiction  of  the  latter  depends  upon  an  application 
to  them  by  the  trustees  of  some  district  to  be  affected.  In  order  to  give  them 
the  opportunity  to  make  such  application,  and  that  it  may  be  done  or  the  option 
waived  within  a  reasonable  time,  the  school  commissioner,  before  making  any 
alteration,  should  serve  upon  one  or  more  trustees  of  each  district  to  be  affected 


86  FOEMATION,    ETC.,    OF    ScHOOL   DISTRICTS. 

thereby  a  written  notice,  specifically  describing  such  alteration,  in  substantially 
the  following  form : 

To  the  trustees  of  District  No.        ,  in  the  town  of  : 

Take  notice,  that  I  intend  on  the        day  of  next,  at  (spe(Bfy- 

Ing  a  convenient  place,  and  a  time  sufficiently  remote  to  enable  the  trustees  to 
make  application  to  the  supervisor  and  clerk,  aud  for  the  latter  to  be  prepared 
for  the  meeting),  to  make  an  order  for  the  alteration  of  District  No.  ,  in  the 
town  of  ,  so  that  its  boundaries  shall  thereafter  be  as  follows,  viz. : 

(Here  specify  the  proposed  boundaries  of  the  district,  as  altered,  in  the  manner 
recommended  under  sub.  4,  sec.  1,  title  6). 

You  are  therefore  requested  to  meet  without  delay  and  to  adopt  a  resolution 
consenting  to  the  above  proposed  alteration,  in  wliich  case  you  will  please 
furnish  me,  at  the  time  and  place  above  mentioned,  with  a  copy  thereof,  certi- 
fied iinder  the  hands  of  a  majority  of  you,  or  to  adopt  a  resolution  applying  to 
the  supervisor  and  town  clerk  of  the  town  (or  ioivm  if  the  district  is  a  joint  one) 
of  to  be  associated  with  me  at  the  time  aud  place  above  mentioned  iu 

determining  upon  the  propriety  of  such  proposed  alteration.  In  the  latter  case 
you  will  please  transmit  copies  of  such  resolution,  certified  under  the  hands  of 
a  majority  of  you,  to  the  supervisor  and  town  clerk-  without  delay,  together 
with  notice  of  the  time  and  place  above  stated  at  which  such  alteration  will  bo 
made  by  me  in  case  of  their  non-attendance. 

The  determination  of  the  trustees  to  associate  the  supervisor  and  clerk,  like 
every  other  official  act,  should  result  from  the  resolution  of  a  majority,  adopted 
at  a  meeting  at  which  all  are  present  or  which  the  absent  one  has  been  duly 
notified  to  attend.  No  jurisdiction  is  obtained  by  the  supervisor  and  clerk 
upon  the  application  of  less  than  a  majority.  Their  want  of  jm-isdiction  vitiates 
the  action  of  a  board  in  which  they  may  assimie  to  take  part.  Upon  this  point 
the  language  of  Vice-Chancellor  Sandford  (2  Sand.  Ch.  JR.,  229),  is  very 
instructive.  Discussing  the  effect  of  certain  proceedings  of  a  chiirch  council  at 
which  a  majority  of  the  trustees  were  present  and  in  which  they  mianimously 
concurred,  but  in  which  the  minister,  elders  and  deacons  also  participated,  he 
says :  "  The  trustees  in  this  case  are  by  the  charter  the  select  class  or  body 
which  is  to  exercise  the  corporate  functions.  In  order  to  exercise  them,  they 
must  meet  cis  a  hoard,  so  that  they  may  hear  each  other's  views,  deliberate  and 
then  decide.  Their  separate  action,  individually,  without  consultation,  although 
a  majority  in  number  should  agree  upon  a  certain  act,  would  not  be  the  act  of 
the  constituted  body  of  men  clothed  with  the  corporate  powers.  Nor  would 
their  action  in  a  meeting  of  the  whole  body  of  corporators,  or  of  another  and 
larger  class  in  which  they  are  but  a  component  i)art,  be  a  valid  corporate  act. 
In  thus  acting  they  are  not  distinguishable  from  their  associates,  and  their 
action  is  united  with  that  of  others  ^vho  have  no  proper  or  legal  right  to  join 
with  them  in  its  exercise.  All  proper  responsibility  is  lost..  The  result  may 
be  the  same  that  it  would  have  been  if  they  had  met  separately,  and  it  may  be 
different.    In  the  general  assemblage,  influences  may  be  brought  to  bear  upon 


Formation-,  etc.,  of  School  Districts.  87 

the  trustees  which  iu  their  proper  board  would  be  unheeded  ;  and  no  one  can 
say  with  certainty  that  their  vote  in  the  latter  event  would  have  been  the 
same." 

If  the  trustees  have  given  the  proper  notice  to  the  supervisor  and  clerk,  tho 
schDol  commissioner  can  at  the  time  and  place  appointed  proceed  to  act  in  con- 
junction with  either  of  them,  in  case  the  other  omits  to  attend.  It  is  true  that 
the  general  rule  is,  when  persons  are  appointed  by  the  law  to  act  as  special 
tribunals  of  a  quasi-judicial  character,  then  both  parties  arc  entitled  to  the 
presence  of  all  the  judges,  and  to  have  the  benefits  of  the  consultation  of  each 
with  every  other ;  all  must  therefore  meet  together  and  consult,  but  then  a 
majority  may  decide.  In  this  case,  however,  though  the  law  authorizes  the 
trustees  to  apply  to  the  supervisor  and  clerk,  it  furnishes  no  means  of  compel- 
ling their  attendance,  nor  does  it  even  in  express  terms  declare  it  their  duty  to 
attend.  It  is  only  that  one  of  them  who  accepts  and  acts  under  the  applica- 
tion of  the  trustees  who  can  be  said  to  be  appointed  or  vested  vnth  any  power 
in  the  premises.  Indeed,  the  doubt  is  rather  whether  the  sole  jiu-isdiction  of 
the  school  commissioner  is  divested  unless  both  the  super\"isor  and  clerk  asso* 
ciate  themselves  -nith  him.  It  is  clear  that  they  cannot  act  except  in  association 
with  Mm. 

If  neither  attend,  the  commissioner  may  proceed  to  act  alone  ;  for  he  has  the 
general  power,  and  cannot  be  deprived  of  it  by  a  fruitless  application  to  the 
supervisor  and  clerk,  where  the  latter  decline  or  omit  to  be  associated  with 
liim. 

In  the  case  of  joint  districts,  the  supervisors  and  town  clerks  of  all  the  towns, 
parts  of  which  are  included  in  the  district  affected,  have,  under  the  practice 
recognized  by  the  department,  been  associated  with  the  town  superintendents. 
In  this  case,  the  reasoning  in  favor  of  proceeding,  notwithstanding  the  absence 
of  some  of  the  supervisors  or  clerks,  or  even  of  both  the  super\-isor  and  clerk 
of  some  of  the  towns,  is  stronger  than  in  the  case  of  a  whole  district. 

Under  the  adjudications  of  the  department,  it  has  been  held  that  each  town 
in  such  case  had  but  one  vote,  so  that  the  vote  of  a  superintendent  from  one 
town  counterbalanced  the  concurrent  vote  of  the  superintendent,  supervisor 
and  clerk  from  another  town.  As  the  school  commissioner  stands  in  the  place 
of  a  town  superintendent  for  each  town  within  his  jurisdiction,  no  town  can  be 
deemed  to  be  mirepresented  in  consequence  of  the  absence  of  its  clerk  and 
supei-visor.  The  reasoning,  however,  which  regarded  the  tovm  officers  as  repre- 
sentatives of  their  respective  towns  is  inapplicable  since  the  substitution  of  the 
school  commissioner  for  town  superintendents,  and  each  member  of  the  board 
must  be  regarded  under  the  existing  law  as  having  equal  weight  in  the  deci- 
sion.    In  other  words,  it  depends  upon  the  majority  of  voices. 

If,  at  the  time  apiwinted,  the  commissioner  fails  to  attend,  he  may  give  notice 
specifying  another  day  and  place  of  meeting.  But  the  commissioner  cannot 
pistjKjne  the  time  of  meeting  to  any  day  later  than  three  months  after  the 
first  notice.  The  first  order  -will  be  void,  unless  it  is  confirmed  by  a  second 
onler  made  by  the  board  thus  duly  convened  and  formed,  or  by  the  commis- 
sioner in  the  absence  of  the  other  officers. 


88  Formation,  etc.,  of  School  Districts. 

In  the  case  of  Williams  v.  Larldn  (3  Denio,  114),  it  was  held  by  the  supreme 
coiirt,  "where  an  alteration  of  school  districts  made  by  the  proper  officers 
affected  three  districts,  and  the  trustees  of  two  of  the  districts  consented  to 
the  alteration,  but  the  trustees  of  the  other  district  did  not  consent,  that  the 
alteration  took  effect  immediately  as  to  those  districts  whose  trustees  con- 
sented. In  that  case  a  part  of  District  No.  14  was  annexed  to  No.  3  ■ndth  the 
consent  of  the  trustees  of  both  districts ;  the  residue  of  No.  14  was  annexed 
to  No.  13  without  the  consent  of  the  trustees  of  the  latter.  Judge  Bronson, 
delivering  the  opinion  of  the  court,  says :  "  Although  both  alterations  were 
made  at  the  same  time,  they  were  not  in  their  nature  inseparable  acts,  and  I 
see  no  reason  why  they  might  not  take  effect  at  different  periods."  It  is 
obvious  that  alterations  may  be  so  connected  and  dependent  upon  each  other 
as  to  render  the  principle  of  this  case  inapplicable.  For  example,  so  much 
of  the  order  as  annulled  District  No.  14  could  not  take  effect  until  the  expira- 
tion of  three  months,  notwithstanding  its  trustees  consented,  because  it  was 
dependent  upon  the  annexation  of  so  much  of  said  district  as  remained  to 
No.  13.  No.  14  was  a  district  lying  wholly  within  one  town.  According 
to  the  opinion  of  Superintendent  Spencer  an  order  for  the  dissolution  of  a  joint 
district  might  be  valid,  although  the  annexation  of  its  parts  to  other  districts 
might  be  void ;  and  consequently  its  dissolution  might  take  effect  immediately) 
though  the  annexation  of  its  parts  to  other  districts  might  be  suspended  for 
three  months. 

\Miile  the  alteration  is  inchoate  it  is  wholly  inoperative  upon  the  rights 
of  any  person.  Thus,  where  an  order  was  made  to  annex  territory  to  an 
existing  district  Avithout  the  consent  of  the  trustees  of  the  latter,  it  was  held 
that,  before  the  expiration  of  the  three  months  after  notice,  the  same  territory 
might  be  annexed  to  a  third  district  without  the  consent  of  the  trustees  who 
had  refused  the  annexation  first  proposed ;  but  that  the  assent  of  the  district 
from  which  it  was  taken  by  the  first  order  was  requisite.  So,  residents  upon 
the  territory  to  be  transferred  continue  to  be  legal  voters,  and  are  entitled  to 
notice  of  all  district  meetings  held  between  the  making  of  the  order  and  the 
time  it  takes  effect,  and  must  be  assessed  on  any  tax  list  made  out  in  the  mean 
time. 

§  5.  The  supervisor  and  town  clerk  shall  be  entitled  each  to 
one  dollar  and  fifty  cents  a  day,  for  each  day's  service  in  any 
such  matter,  to  be  levied  and  paid  as  a  charge  upon  their 
town. 

§  6.  Whenever  it  may  become  necessary  or  convenient  to  form 
a  school  district  out  of  pai'cels  of  two  or  more  school  commissioner 
districts,  the  commissioners  of  such  districts,  or  a  majority  of  them, 
may  form  such  district ;  and  the  commissioners  Avithin  whose  dis- 
tricts any  sucli  school  district  lies,  or  a  majority  of  them,  may 
alter  or  dissolve  it. 


FOEilATIOlSr,    ETC.,    OF   ScHOOL   DiSTKICTS.  89 

The  proceedings  under  tliis  section  would  be  similar  to  those  under  the  pre- 
ceding sections  of  this  title,  except  that  the  concurrent  action  of  the  school 
commissioners  is  required. 

§  7.  If  a  school  commissioner,  by  notice  in  writing,  shall  rfequire 
the  attendance  of  the  other  commissioner  or  commissioners,  at  a 
joint  meeting  for  the  purpose  of  altering  or  dissolving  such  a  joint 
district,  and  a  majority  of  all  the  commissioners  shall  refuse  or 
neglect  to  attend,  the  commissioner  or  commissioners  attending, 
or  any  one  of  them,  may  call  a  special  meeting  of  such  school  dis- 
trict, for  the  purpose  of  deciding  whether  or  no  such  district  shall 
be  dissolved ;  and  its  decision  of  that  question  shall  be  as  valid  as 
tliough  made  by  the  commissioners. 

This  section  can  become  operative  only  in  the  rare  case  where  three  or  more 
commissioners  are  requisite  for  the  alteration,  as  it  is  only  in  such  case  that 
the  majority  can  neglect  to  attend.  If  a  majority  attend,  they  can  act  under 
the  preceding  section. 

If  the  district  meeting  elects  to  dissolve  the  district  (which  is  the  extent  of 
its  power),  the  several  parts  revert  to  the  towns  in  which  they  are  respect- 
ively included,  and  become  subject  to  regulation  by  the  school  commissioner 
having  jurisdiction  therein. 

§  8.  When  two  or  more  districts  shall  be  consolidated  into  one, 
the  new  district  shall  succeed  to  all  the  rights  of  property  pos- 
sessed by  the  annulled  districts. 

• 

Wliere  two  or  more  districts  are  consolidated,  the  united  territory  forms  a 
new  district.  It  is  necessary  to  elect  new  trustees  and  other  district  officers, 
and  the  commissioner  should  give  the  notice  pro\'ided  by  section  1  of  title  7 
of  this  act. 

The  public  money  which  either  district  may  have  in  the  hands  of  the  super- 
visor, unexpended,  becomes  applicable  to  the  payment  of  teachers'  wages  and 
to  the  library  of  the  consolidated  district,  without  any  distinction  between  the 
inhabitants  or  pupils  of  the  former  districts.  If  there  is  any  money  due  to  a 
teacher  of  either  district,  it  should  be  drawn  before  the  consolidation  takes 
effect,  or  so  much  of  it  as  is  applicable  to  the  payment  of  wages  during  the 
term  in  which  they  were  earned. 

§  9.  When  a  district  is  parted  into  portions,  which  are  annexed 
to  otlier  districts,  its  property  shall  be  sold  by  the  supervisor  of 
the  town  within  wliich  its  school-house  is  situated,  at  public  auc- 
tion, after  at  least  five  days'  notice,  by  notices  posted  in  three  or 
12 


90  FOKMATIOX,    ETC.,    OF    ScHOOL   DiSTKICTS. 

more  public  places  of  the  town  in  which  the  school-house  is,  one 
of  which  shall  be  posted  in  the  district  so  dissolved.  The  super- 
visor, after  deducting  the  expenses  of  the  sale,  shall  apply  its 
proceeds  to  the  payment  of  the  debts  of  the  district,  and  appor- 
tion the  residue,  if  any,  among  the  taxable  inhabitants  of  the 
district,  in  the  ratio  of  their  several  assessments  on  the  last  cor- 
rected assessment  roll  or  rolls  of  the  town  or  towns,  and  pay  it 
over  accordingly. 

A  district  is  annulled  only  wlien  all  its  parts  are  annexed  to  other  dis- 
tricts, so  that  nothing  of  the  original  district  remains.  If  any  of  it  remains  as 
a  distinct  district,  although  designated  by  a  new  name  and  number,  it  is  not  a 
case  of  annulling. 

In  respect  to  the  property  to  be  sold  :  Property  is  defined  in  the  Code  of  Pro- 
cedure as  including  lands,  tenements  and  hereditaments,  money,  goods,  chat- 
tels, things  in  action  and  evidences  of  debt.  The  only  point  upon  which  much 
question  is  likely  to  arise  regards  the  library  of  the  annulled  district.  A  por- 
tion of  the  books  may  have  been  purchased  with  money  voted  by  the  district 
and  raised  by  tax  upon  the  district.  So  far  as  these  are  concerned,  they 
undoubtedly  belong  to  the  district  and  may  be  sold  when  it  is  annulled.  In 
respect  to  those  which  have  been  purchased  by  the  library  money  apportioned 
from  the  income  of  the  United  States  deposit  fund,  the  case  is  different.  The 
money  of  the  State  was  appropriated  to  the  support  of  common  schools  by  furnish- 
ing a  library,  and  there  is  nothing  to  imply  an  intention  that  it  should  ever  be 
diverted  from  its  public  purpose  by  becoming  private  property.  The  trustees 
of  the  district  are  made  trustees  of  the  library,  but  the  property  in  it,  it  is 
declared,  "  shall  be  deemed  to  be  vested  in  such  trustees,  so  as  to  enable  them  to 
maintain  any  action  relative  to  the  same."  The  Legislature  seem  to  hav^  designed 
hereby  to  confer  only  a  qualified  property,  for  a  specific  purpose,  retaining  the 
general  property  in  the  people  of  the  State  of  New  York,  precisely  as  the 
property  of  the  library  of  the  court  of  appeals,  the  Attorney-General,  etc.,  is 
held. 

It  is  believed,  therefore,  that  the  books,  so  far  as  they  have  been  piuchased 
from  the  funds  of  the  State,  should  be  distributed  precisely  as  the  money 
itself  would  be  if  it  came  to  the  hands  of  the  commissioner  for  distribution  on 
the  day  of  the  annulling  of  the  district ;  that  is,  should  be  assigned  to  the 
respective  districts  to  which  parts  are  annexed,  in  proportion  to  the  number 
of  children  between  four  and  twenty-one  resident  in  such  parts,  according  to 
the  last  report  of  the  trustees. 

The  debts  must  be  ascertained  from  the  trustees,  and  the  supervisor  should 
only  j)ay  them  upon  the  written  order  of  a  majority  of  the  trustees.  If  debts 
are  claimed  Avhich  arc  not  admitted  by  the  trustees,  the  money  should  bo 
retained  imtil  any  legal  proceeding  instituted  for  their  collection  is  determined. 

The  last  corrected  assessment  roll  is  that  which  was  delivered  by  the  asses- 
Bors  to  the  super-\isor  to  bo  laid  before  the  board  of  supervisors.     If  in  the 


Formation,  etc.,  of  School  Districts.  91 

equalization  by  tlio  board  of  supervisors  the  valuation  of  real  estate  lias  been 
changed,  the  roll  as  thus  varied  by  them  is  to  be  followed  in  distributing  the 
money.  But  the  completion  of  a  new  roll  by  the  assessors,  and  its  delivery 
to  the  supervisor,  supersedes  the  roll  of  the  preceding  year,  although  the 
latter  has  been  and  the  former  has  not  been  passed  upon  by  the  board  of 
supervisors.    (7  Wend.,  89.) 

In  a  district,  embracing  parts  of  more  than  one  town,  where  the  proportion 
of  taxes  to  be  assessed  upon  the  parts  of  such  districts  lying  in  different  towna 
has  been  established  by  the  supervisors  of  such  towns,  under  section  69 
of  title  7,  the  proceeds  of  the  sale  are  to  be  divided  between  the  parts  of  the 
districts  in  the  proportion  thus  established,  and  the  shares  of  such  parts  then 
apportioned  to  their  respective  inhabitants  on  the  last  corrected  assessment 
roll  of  the  town  in  which  each  part  lies. 

§  10.  The  supervisor  of  the  town  within  which  the  school-house 
of  the  dissolved  district  was  situate,  may  demand,  sue  for,  and  col- 
lect, in  his  name  of  office,  any  money  of  the  district  outstanding 
in  the  hands  of  any  of  its  former  officers,  or  any  other  person ; 
and,  after  deducting  his  costs  and  expenses,  shall  report  the  bal- 
ance to  the  school  commissioner,  who  shall  apportion  the  same 
equitably  among  the  districts  to  which  the  parts  of  the  dissolved 
district  were  annexed,  to  be  by  them  applied  as  their  district 
meetings  shall  determine. 

The  collector  and  trustees  are  the  only  officers  of  a  district  in  whose  hands 
there  can  be  legitimately  any  money ;  such  money  may  be  the  proceeds  of  a  tax 
collected  but  not  expended.  In  such  case,  the  equitable  mode  of  distribution 
would  be  to  apportion  it  to  the  districts  according  to  the  amount  which  the 
taxable  inhabitants  and  property  set  off  to  each  have  contributed  thereto  ;  the 
same  rule  would  hold  in  regard  to  the  proceeds  of  the  sale  of  school-houses  or 
other  property  acquired  by  taxation. 

In  case,  however,  the  money  is  applicable  to  the  payment  of  the  cm-rent 
expenses  of  schools,  such  as  the  share  of  a  town  fund,  the  income  of  a  school 
lot  or  the  districts'  proportion  of  fines  for  gambling,  imder  chapter  50-1  of  1851, 
the  equitable  rule  of  apportionment  is  to  assign  it  to  the  districts  in  proportion 
to  the  number  of  pupils  resident  in  the  parts  annexed  to  them  respectively. 

In  case  it  becomes  necessary  to  bring  an  action  against  the  officers  of  a  joint 
district,  the  supervisors  of  all  the  towns  of  wliich  it  forms  a  part  must  join  as 
plaintiffs  in  the  suit. 

It  may  be  doubted  w^hether  the  supervisor  is  authorized  to  maintain  an 
action  against  any  other  person  than  an  officer  of  a  district  for  mouej's  belong- 
ing to  it ;  the  statute  giving  him  the  power  to  sue  confining  it  to  penalties 
and  forfoitui-es,  and  to  defaults  and  omissions  by  town  and  district  officers ;  the 
trustees  should  in  such  case  bring  the  action  before  the  order  annulling  their 
district  takes  effect. 


92  -School  District  Meetings  and  Officers. 

§  11.  Though  a  district  be  dissolved,  it  shall  continue  to  exist  in 
law,  for  the  purpose  of  providing  for  and  paying  all  its  just  debts ; 
and  to  that  end  the  trustees  and  other  officers  shall  continue  in 
office,  and  the  inhabitants  may  hold  special  meetings,  elect  officers 
to  supply  vacancies,  and  vote  taxes  ;  and  all  other  acts  necessary 
to  raise  money  and  jjay  such  debts  shall  be  done  by  the  inhabit- 
ants and  officers  of  the  district. 

Tlioiigli  the  statute  contains  no  limitation  of  the  time  ■s\-ithin  which  the 
trustees  of  a  dissolved  or  consolidated  district  are  required  to  discharge  their 
duties  under  this  section,  there  can  be  no  valid  reason  for  any  longer  delay 
than  may  be  essential  to  ascertain  its  outstanding  liabilities.  The  pendency 
of  litigation,  in  respect  to  some  of  them,  may  put  it  out  of  the  power  of  the 
trustees  to  act  immediately,  and  their  powers  doubtless  continue  so  long  as 
any  legal  liability  subsists ;  the  existence  of  the  district  is  maintained  for  this 
special  purpose,  with  power  to  elect  officers  to  fill  vacancies,  and  to  vote  taxes, 
or  any  other  legal  act  necessary  for  the  single  purpose  of  paying  its  just  debts. 

§  12.  The  commissioner,  or  a  majority  of  the  commissioners  in 
whose  district  or  districts  a  dissolved  school  district  was,  shall,  by 
his  or  their  order  in  writing,  delivered  to  the  clerk  of  the  district,  or 
to  any  person  in  whose  possession  the  books,  papers  and  records 
of  the  district,  or  any  of  them,  may  be,  direct  such  clerk  or  other 
person  to  deposit  the  same  in  tlie  clerk's  office  in  a  town  in  the 
order  named.  Such  clerk  or  other  person,  by  a  neglect  or  refusal 
to  obey  the  order,  shall  forfeit  fifty  dollars,  to  be  applied  to  the 
benefit  of  common  schools  of  said  town.  The  commissioner  or 
commissioners  shall  file  a  duplicate  of  the  order  with  such  clerk. 
{Sec.  22,  of  title  3.) 

TITLE  YII. 

OF  SCHOOL  district  AND  NEIGHBORHOOD  MEETINGS,  AND  OF  THE 
CHOICE,  DUTIES  AND  POWERS-  OF  SCHOOL  DISTRICT  AND  NEIGH- 
BORHOOD   OFFICERS. 

FIRST  ARTICLE. 

Of  school  district  and  neighborhood  tneetings,  the  voters  and  their 

jyoioers  generally. 

Section  1.  Whenever  any  school  district  or  separate  neighbor- 
hood shall  be  formed,  the  commissioner,  or  any  one  or  more  of  the 
commissioners,  within  Avhose  district  or  districts  it  may  be,  shall 
prepare  a  notice,  describing  such  district  or  neighborhood,  and 


School  District  Meetings  axd  Ofpicees.  93 

appointing  a  time  and  place  for  the  first  district  or  neighborhood 
meeting,  and  deliver  snch  notice  to  a  taxable  inhabitant  of  the 
district  or  neighborhood. 

The  meeting  for  organization  cannot  be  lield  until  the  district  "shall  be 
formed,"  that  is,  not  until  the  order  for  its  formation  shall  have  taken  effect  by 
the  consent  of  trustees  of  the  districts  from  which  it  was  formed,  the  expira- 
tion of  three  months'  notice  or  the  decision  of  an  appeal,  if  one  has  been 
brought. 

The  notice  is  to  describe  the  district  by  metes  and  bounds,  so  that  the  inliab- 
itant  to  whom  it  is  delivered  may  know,  \\ithout  recourse  to  any  other 
document,  over  what  territory  he  is  to  search  for  inhabitants.  It  may  be  in  the 
follo'n'ing  form : 

To  ,  a  taxable  inhabitant  of  District  No.  in  the  town 

of  : 

WiiEKEAS,  By  an  order  of  the  school  commissioner  for  the  commis- 

sioner district  of  the  county  of  ,  which  order  is  dated  the  day 

of  ,  and  took  effect  on  that  day  (or  will  take  effect  on  the  day  of 

next,  specifjdng  the  day,  wliich  must  precede  the  day  of  meeting), 
a  school  district  is  fonued,  numbered  No.  ,  and  bounded  and  described  as 
follows  viz. :  Beginning  (piu'suing  the  description  as  in  the  notes  to  title 
6,  supra). 

You  are  hereby  required  to  notify  every  male  j>erson  of  full  age,  residing'  in 
the  territory  above  described  and  entitled  to  hold  lands  within  this  State,  who 
owns  or  hires  real  property  subject  to  taxation  for  school  purposes,  and  every 
resident  of  such  territory  authorized  to  vote  at  town  meetings  of  the  town 
of  (in  the  case  of  a  joint  district,  say,  either  of  the  towns  of  or 

)  who  owns  any  personal  property,  liable  to  be  taxed  for  school  pur- 
poses in  such  territory,  exceeding  fifty  dollars  in  value  exclusive  of  such  as  is 
exempt  from  execution,  or  who  has  permanently  residing  with  him  a  child  or 
children  of  school  age,  some  one  or  more  of  whom  shall  have  attended  the 
common  school  for  a  period  of  at  least  eight  weeks  during  the  year  preceding, 
that  the  first  district  meeting  of  said  district  is  hereby  appointed  to  be  held  at 
the  house  of  ,  at         o'clock  in  the  afternoon  of  the  day  of 

next,  for  the  purpose  of  electing  officers,  voting  taxes,  and  perform- 
ing such  other  business  as  is  permitted  by  section  IG,  of  title  7,  of  the  general 
school  act. 

You  are  required  by  law  to  read  this  notice  in  the  hearing  of  each  inhabit- 
ant qualified  as  above  described,  or,  in  case  of  his  absence  from  home,  to  leave 
a  copy  of  80  much  thereof  as  relates  to  the  time  and  place  of  such  meeting  at  the 
place  of  his  abode,  at  least  six  days  before  the  time  of  the  meeting.  Dated 
this  day  of 

A.  B., 

Schojl  Commissioner. 


94  School  District  Meetings  and  Officers. 

It  is  not  claimed  to  be  absolutely  essential  tliat  the  notice  should  be  in  the 
fomi  above  recommended.  It  is  essential  that  the  time  of  day  and  the  place 
of  meeting'  should  be  acciirately  specified.  (16  Verm.,  444.)  It  is  eminently 
desirable  that  the  notice  should  be  so  broad  that  no  person  hearing  it  shoiild 
have  the  slightest  ground  for  professing  to  be  surprised  at  any  business  which 
can  by  possibility  be  presented  at  the  meeting.  This  is  a  rule  that  is  applica- 
ble to  all  notices  for  all  meetings.  At  the  same  time,  it  is  expedient  that  the 
earliest  occasion  should,  be  taken  to  ajiprise  the  inhabitants  of  the  extent  of 
the  powers  of  a  district  meeting,  and  how  little  they  are  limited  by  the  terms 
of  the  notice.  A  meeting  la^'i'fully  assembled  for  one  object  is  competent  to 
act  upon  others  which  were  not  in  the  contemplation  of  those  who  procured  it 
to  be  called,  and  may  do  almost  any  thing  except  change  the  site  of  the  school- 
house,  or  any  act  not  otherwise  ordered  or  forbidden  by  statute.  It  is  true 
that,  though  the  proceedings  of  a  meeting  may  be  entirely  regular  and  legal, 
it  is  within  the  equitable  powers  of  the  State  Superintendent,  upon  an  appeal, 
to  set  them  aside  Avhere  it  can  be  shown  that  there  was  a  fraudulent  design  to 
frame  the  notice  in  such  a  manner  as  to  conceal  the  real  purpose  for  which  the 
meeting  was  convened.  But  it  is  not  to  be  forgotten  that  the  object  of  the 
notice  is  merely  to  assemble  the  inhabitants  as  the  local  legislature,  and  that 
when  so  assembled  their  powers  are  deiined,  not  by  the  notice  but  by  the 
statute.  Indeed  it  would  follow,  from  the  general  principles  which  have  been 
applied  by  the  courts  to  elections  and  other  corporate  acts,  that  "  if  all  were 
present,  though  &?/  accident  and  witlioui  notice,  their  acts  would  be  good."  {King  v. 
Tlieoderic,  8  East,  543  ;  see  also  11  Wend.,  G04.)  In  reference  to  an  annual  meet- 
ing", the  supreme  court  (6  EiU,  647)  say :  "  For  greater  caution,  and  to  give 
greater  publicity  to  the  meeting,  the  statute  directs  the  clerk  to  post  notice  of 
it ;  but  that  is  not  essential  to  its  validity.  The  time  and  place  for  holding  it 
may  always  be  ascertained  by  examining  the  clerk's  records,  and  an  objection 
that  notice  was  not  duly  posted  should  never  be  allowed  to  prevail.  Tlie  foiin 
dation  of  the  meeting  is  the  order  of  a  pre^^ous  annual  meeting,  not  the  post- 
ing of  a  notice  by  the  clerk.     The  former  is  indispensable,  but  not  the  latter." 

§  2.  It  shall  be  the  duty  of  such  inhabitant  to  notify  every  other 
inhabitant  of  the  district  or  neighborhood,  qualified  to  vote  at  the 
meeting,  by  reading  the  notice  in  his  hearing,  or,  in  case  of  his 
absence  from  home,  by  leaving  a  copy  thereof,  or  so  much  thereof 
as  relates  to  the  time,  place  and  object  of  the  meeting,  at  the  place 
of  his  abode,  at  least  six  days  before  the  time  of  the  meeting. 

In  computing  statute  time,  the  first  day,  or  the  day  on  which  the  time  begins 
to  run,  is  to  be  excliided.  (10  Ba7-h.,  117.)  The  notice  under  this  section  must 
be  six  full  days,  exclusive  of  the  day  of  service,  and  must  therefore  be  given 
as  early  as  the  seventh  day  before  the  meeting. 

It  is  always  iinportant  that  the  persons  on  whom  and  the  manner  in  which 
the  notice  has  been  served  sliould  be  verified  by  proper  evidence,  which  can  be 


School  District  Meetings  and  Officers.  95 

preserved.  In  reference  to  a  similar  notice  under  the  school  law  of  Massachu- 
setts, the  supreme  court  of  that  State  says :  "  When  the  selectmen  direct  a 
■warrant  for  calling  a  school  district  meeting  to  a  proper  person,  he  is  made  a 
returning  officer  for  that  occasion.  All  returning  officers  are  ministerial,  and 
are  bound  to  set  forth  in  their  returns  all  the  acts  done  by  them,  that  the 
proper  tribunal  may  judge  of  their  sufficiency.  They  are  not  competent  to 
j  udge  of  the  legality  of  a  notice  or  service  ;  and  a  return  that  a  precept  had 
been  legally  served,  or  that  the  duty  enjoined  by  a  warrant  had  been  duly  per- 
formed, would  most  clearly  be  insufficient."  To  obviate  this  objection  it  would 
be  well  for  the  inhabitant  who  gives  notice  of  the  meeting  to  frame  his  return 
in  substantially  the  following  manner : 

"  Pursuant  to  the  within  notice,  I  have  notified  the  inhabitants  qualified  and 
residing  as  therein  described,  at  least  six  days  before  the  time  of  the  meeting, 
in  the  following  manner,  viz. :  by  reading  the  notice  in  their  hearing — John 
'  Doe,  Charles  Davis,  etc.  (naming  them  in  full) ;  by  leaving  a  copy  of  so  much 
►  of  the  within  as  relates  to  the  time  and  place  of  meeting  at  their  respective 
;  places  of  abode,  they  being  absent  from  home — Robert  Kidd,  Henry  Hunter, 
I    etc.,  etc. " 

This  return,  when  indorsed  upon  the  notice  and  signed  by  the  inhabitant 
making  it,  should  be  produced  at  the  meeting  and  filed  with  the  records  of 
the  district.  It  constitutes  the  appropriate  e'vndeuce  of  the  service  of  notice ; 
but  it  is  not  to  be  inferred  that  in  its  absence  secondary  evidence  may  not 
be  received  to  support  the  proceedings  of  the  meeting,  whose  jurisdiction 
depends  upon  facts  and  not  iipon  mere  evidence. 

It  is  proper  to  remark  that  the  notice  should  be  given  to  every  inhabitant 
having  any  pretension  to  a  right  to  vote,  although  the  person  giving  it  may 
deem  his  qualifications  insufficient.  Giving  him  notice  determines  nothing  as 
to  the  right ;  and  it  is  better  to  err  by  giving  the  notice  to  persons  not  entitled 
to  vote  than  to  fail  to  notify  any  penson  who  may  be  so  legally  entitled. 

§  3.  In  case  such  meeting  shall  not  be  held,  and,  in  the  opinion 
of  the  commissioner,  it  shall  be  necessary  to  hold  such  meeting 
before  the  time  herein  fixed  for  the  first  annual  meeting,  ho  shall 
deliver  another  such  notice  to  a  taxable  inhabitant  of  the  district 
or  neighborhood,  who  shall  serve  it  as  hereinbefore  provided. 

§  4.  When  the  clerk  and  all  the  trust'ees  of  a  school  district 
shall  have  removed  from  the  district,  or  their  office  shall  be  vacant, 
60  that  a  special  meeting  cannot  be  called,  as  hereinafter  provided, 
the  commissioner  may  in  like  manner  give  notice  of  and  call  a 
special  district  meeting. 

§  5.  Every  taxable  inhabitant  to  -whom  a  notice  of  any  district 
I  meeting  shall  be  delivered  for  service,  pursuant  to  any  provision 
i    of  this  article,  who  shall  refuse  or  neglect  to  serve  the  same,  as 


96  School  District  Meetitstgs  and  Officers. 

hereinbefore  i^rescribed,  shall  forfeit  five  dollars  for  the  benefit  of 
tlie  district. 

It  will  be  observed  that  this  section  imposes  a  penalty  for  every  refusal  to 
serve  a  notice  for  amj  district  meeting'  properly  delivered  to  an  inhabitant.  It 
is  coextensive  with  the  preceding  section.  A  doubt  whether  the  commissioner 
is  legally  entitled  to  his  office  ■\\ill  not  excuse  a  refusal,  if  he  be  an  officer 
de  facto,  holding  under  color  of  election  and  exercising  the  duties  of  the  office. 
It  is  not  for  a  ministerial  officer  to  judge  of  the  validity  of  the  election  of  an 
officer  de  facto ;  for  example,  a  district  clerk  should  serve  a  notice  signed  by 
persons  recognized  and  acting  as  trustees,  though  he  deems  them  to  have  no 
title  to  the  office  and  regards  the  notice  as  invalid.  {See  7  Johns.,  552.) 

§  6.  A  special  district  meeting  shall  be  held  Avhenever  called  by 
the  trustees.  The  notice  thereof  shall  state  the  purpose  for  which 
it  is  called ;  and  the  district  clerk,  or,  if  the  office  be  vacant,  or  he 
be  sick  or  absent  or  shall  refuse  to  act,  a  trustee  or  some  taxable 
inhabitant,  by  order  of  the  trustees,  shall  serve  the  notice  upon 
each  inhabitant  of  the  district  qualified  to  vote  at  district  meet- 
ings, at  least  five  days  before  the  day  of  the  meeting,  in  the 
manner  pi-escribed  in  the  second  section  of  this  title.  But 
the  inhabitants  of  any  district  may,  at  any  annual  meeting,  adopt 
a  resolution  prescribing  some  other  mode  of  giving  notice  of 
special  meetings,  which  resolution  and  the  mode  thereby  pre- 
scribed shall  continue  in  force  until  rescinded  or  modified  at  some 
subsequent  annual  meeting. 

Sec  sections  two  and  thirty-seven  for  comments  upon  the  time  and  manner 
of  serving  notices. 

Under  this  section  it  is  held  that  a  special  meeting,  duly  called  and  assem- 
bled, can  transact  any  business,  whether  specified  in  the  notice  or  not ;  but  if 
the  inhabitants  proceed  to  do  acts  which  are  not  mentioned  in  the  notice,  and 
which  amount  to  a  fraud  or  surprise  on  the  district,  the  department  on  appeal 
will  set  aside  the  proceedings. 

§  7.  The  proceedings  of  no  neighborhood  or  district  meeting, 
annual  or  special,  shall  be  held  illegal  for  want  of  a  due  notice 
to  all  the  persons  qualified  to  vote  thereat,  unless  it  shall  appear 
that  the  omission  to  give  such  notice  was  willful  and  fraudulent. 

Tlie  provision  to  cure  the  defect  of  notice  relates  to  the  mode  and  extent 
of  service,  and  not  to  tlie  insufficiency  of  the  matter  contained  in  the  notice 
itself. 


School  District  Meetings  and  Officers.  97 

It  was  intended  for  cases  where  tlirough  accident  or  mistake  the  proper 
legal  notice  has  not  been  given  to  all  who  are  entitled  to  it ;  but  it  cannot  bo 
construed  to  extend  to  cases  in  which  no  attempt  is  made  to  give  the  notice 
required  by  law  to  any  of  the  inhabitants.  Where  the  clerk  of  a  district 
imdertakes  to  give  a  notice  in  the  manner  provided  by  the  statute,  and  hiis 
failed,  unintentionally,  to  ser\-e  such  notice  on  all  the  persons  entitled  to 
receive  it,  or  where  such  notice  is  imperfectly  sers^ed,  the  proceedings  of  the 
meeting  will  not  be  void  on  that  account.  They  may,  however,  be  set  aside 
on  appeal,  on  showing  sufficient  cause.    {Com.  School  Dec,  186,  223.) 

§  8.  The  annual  meeting  of  each  neighborhood  shall  be  held  on 
the  second  Tue.sday  of  October  in  each  year,  at  the  hour  and  place 
fixed  by  the  last  previous  neighborhood  meeting;  or,  if  such  hour 
and  place  has  not  been  so  fixed,  then  at  the  hour  and  place  of  such 
last  meeting;  or,  if  such  place  be  no  longer  accessible,  then  at  such 
otiier  place  as  the  trustees,  or,  if  there  be  no  trustees,  the  clerk, 
shall  in  the  notices  designate. 

§  9.  An  annual  meeting  of  each  school  district  shall  be  held  on  4^  ^ 
the  second  Tuesday  of  October  in  each  year,  and,  unless  the  hour  y^'^ih{ 
and  the  place  therefor  shall  have  been  fixed  by  the  vote  of  a  pre-  ' 

vious  district  meeting,  the  same  shall  be  held  in  the  school-house 
at  seven  o'clock  in  the  evening.  If  a  district  possess  more  than 
one  school-house,  it  shall  be  held  in  the  one  usually  employed  for 
that  purpose,  unless  the  trustees  designate  another. 

It  may  happen  that  while  the  trustees  are  building  a  new  school-house,  and 
before  it  has  been  accepted,  the  previous  annual  meeting  may  have  been  held 
in  a  room  hired  for  temporary  use  of  the  school.  This  room  would  be  for  the 
time  being  the  school-house,  and  the  place  for  holding  the  annual  meeting.  A 
vote  of  the  inhabitants  may  require  an  annual  meeting  to  be  held  in  some 
place  other  than  the  district  school-house. 

§  10.  Whenever  the  time  for  holding  the  annual  meeting  in 
school  districts  shall  pass  without  such  meeting  being  held  in  any 
district,  a  special  meeting  shall  thereafter  be  called  by  the  trus- 
tees or  by  the  clerk  of  such  district,  for  the  purpose  of  transact- 
ing the  business  of  the  annual  meeting ;  and  if  no  such  meeting 
be  called  by  the  trustees  or  the  clerk  within  twenty  days  after 
such  time  shall  have  passed,  the  supervisor  or  the  Superintendent 
of  Public  Instruction  may  order  any  inhabitant  of  such  district  to 
give  notice  of  such  meeting  in  the  manner  provided  in  the  second 
Rection  of  this  title,  and  the  officers  of  the  district  shall  make  to 
13 


98  School  District  Meetings  and  Officers. 

sucli  meeting  the  reports  required  to  be  made  at  tlie  annual  meet- 
ing, subject  to  tlie  same  penalty  in  case  of  neglect ;  and  the  offi- 
cers elected  at  such  meeting  shall  hold  their  res2:»ective  offices  only 
until  tlie  next  annual  meeting  and  until  their  successors  arc  elected 
and  shall  have  qualified  as  in  this  act  provided. 

§  11.  Whenever  any  district  or  neighborhood  meeting  shall  be 
duly  called,  it  shall  be  the  duty  of  the  inhabitants  qualified  to 
vote  thereat  to  assemble  at  the  time  and  Y>\nce  fixed  for  the  meeting. 
•  §  12.  Every  male  person  of  full  age  residing  in  any  neighbor- 
hood or  school  district,  and  entitled  to  hold  lands  in  this  State, 
who  owns  or  hires  real  property  in  such  neighborhood  or  school 
district  liable  to  taxation  for  school  purposes,  and  every  resident 
of  such  neighborhood  or  district  authorized  to  vote  at  t#wn  meet- 
ings of  the  town  in  which  he  resides,  who  has  permanently  residing 
"with  him  a  child  or  children  of  school  age,  some  one  or  more  of 
■whom  shall  liave  attended  the  district  school  for  a  period  of  at 
least  eight  weeks  within  one  year  preceding,  or  who  owns  any 
personal  property  liable  to  be  taxed  for  school  pui-poses  in  any  such 
district,  exceeding  fifty  dollars  in  value,  exclusive  of  such  as  is 
exempt  from  execution,  and  no  other,  shall  be  entitled  to  vote  at 
any  school  meeting  held  in  such  neighborhood  or  district. 

The  question  of  residence  is  one  frequently  airitatecl,  not  only  witla  respect 
to  the  ri'jlit  of  votino;  and  of  holding  district  offices,  but  in  regard  to  the  enu- 
meration of  pupils.  The  principles  wliicli  govern  its  determination  have  been 
largely  discussed  by  the  courts  in  construing  the  words  rcsidtnce,  domicile  and 
inhabitancy,  which,  though  not  in  all  respects  and  for  all  purj^oscs  convertible 
terms,  mean  generally  the  same  thing. 

Inhabitancy  and  residence,  says  Chancellor  Walworth  (8  Wend.,  140),  "mean 
a  fixed  and  permanent  abode  or  dwelling  place  for  the  time  being,  as  distin- 
guished from  a  mere  temporary  locality  of  existence."  To  acquire  a  domicile  two 
things  are  necessary — the  fact  of  residence  in  a  place,  and  the  intent  to  make  it 
a  home.  To  retain  a  domicile  once  acquired,  actual  residence,  however,  is  not 
indispensable,  but  it  is  retained  by  the  mere  intention  not  to  change  it  or  adopt 
another,  or  rather  by  the  absence  of  any  present  intention  of  removing  there- 
from. Nor  is  the  domicile  affected  by  the  forming  of  an  intention  to  remove, 
unless  such  intention  is  carried  into  effect.  This  results  from  the  rule  that  a 
domicile  once  acquired  remains  until  a  new  one  is  acquired.  In  legal  contem- 
plation, every  person  must  have  a  domicile  somewhere,  and  he  can  only  have 
one  domicile  at  one  and  the  same  time. 

In  determining  the  locality  of  a  man's  existence,  where  ho  divides  his  hours 
between  different  buildings,  the  place  of  his  dwelling-house  is  first  regarded 


i 


School  District  Meetings  and  Officees.  99 

in  contradistinction  to  any  place  of  business,  trade  or  occupation.  If  he  has 
more  than  one  dwelling-house,  that  in  which  he  sleeps  or  passes  his  niglits,  if 
it  can  be  distinguished,  will  govern.  If  the  dwelling-house  is  partly  in  one 
town  and  partly  in  another,  the  occupant  must  be  deemed  to  dwell  in  that 
town  in  which  he  habitually  sleeps,  if  it  can  be  ascertained.  (23  Pick.,  178.) 

The  Constitution  establishes  the  rule,  by  section  3,  article  2,  that  "  for  Iho 
purpose  of  voting,  no  person  shall  be  deemed  to  have  gained  or  lost  a  residence 
by  reason  of  his  presence  or  absence  while  employed  in  the  service  of  the 
United  States ;  nor  while  engaged  in  the  navigation  of  the  waters  of  this  State, 
or  of  the  United  States,  or  of  the  high  seas ;  nor  while  a  student  of  any  semi- 
nary of  learning ;  nor  while  kept  at  any  almshouse  or  other  asylum  at  public 
expense ;  nor  while  confined  in  any  public  prison." 

The  intention  of  remaining,  requisite  to  constitute  a  resident,  must  be  inde- 
pendent of  any  temporary  purpose  of  business,  health  or  pleasure,  though  it 
does  not  necessarily  exclude  the  idea  of  removing  after  an  indefinite  time,  or  a 
change  of  circumstances.  Once  established  in  any  place,  the  presumption  of 
residence  continues  unless  rebutted,  and  the  burden  of  proof  is  upon  a  party 
alleging  a  change. 

The  following  is  a  condensed  statement  of  the  rules  given  by  Judge  Story 
{Conflict  of  Laics,  chap.  3) ;  most  of  them  are  stated  and  illustrated  by  our  supremo 
court  (4  Barb.,  518) : 

1.  The  place  of  birth  of  a  person  is  considered  as  his  domicile,  if  it  be  at  the 
time  the  domicile  of  his  parents.  This  is  called  the  domicile  of  nativity.  But  if 
his  parents  are  on  a  \isit  or  on  a  journey,  the  home  of  the  parents  will  be 
deemed  his  domicile.    An  illegitimate  child  follows  the  domicile  of  his  mother; 

2.  The  domicile  of  birth  continues  until  he  has  acquired  a  new  domicile  ; 

3.  A  minor  is  generally  deemed  incapable  of  changing  liis  domicile  ;  but  if 
the  parent  changes  his  domicile,  that  of  the  minor  follows  it.  If  the  father  dies, 
his  last  domicile  continues  that  of  his  minor  children.  This  rule  is  subject  to 
qualification  if  the  minor  has  been  emancipated  from  parental  control  or  adopted 
into  a  new  family  ; 

4.  A  married  woman  follows  the  domicile  of  her  husband ; 

5.  A  widow  retains  the  domicile  of  her  deceased  husband  until  she  acquirea 
another ; 

G.  Prima  facie,  the  place  where  a  person  lives  is  deemed  his  domicile ; 

7.  Every  person  of  full  age  having  a  right  to  change  his  domicile,  if  he 
removes  to  another  place  with  an  intention  of  making  it  his  permanent  residence, 
that  immediately  becomes  his  domicile. 

8.  If  a  person  removes  to  another  place  with  an  intention  of  remaining  there 
for  an  indefinite  time,  and  as  a  place  of  present  domicile,  it  becomes  his  domicile 
notwithstanding  he  may  entertain  a  fioating  intention  to  return  at  some  future 
period  ; 

9.  The  place  where  a  married  man's  family  resides  is  generally  deemed  hia 
domicile,  but  not  if  it  be  a  merely  temporary  establishment ; 

10.  If  a  married  man  has  his  f:\mily  in  one  place  and  his  business  in  another, 
the  former  is  deemed  his  domicile ; 


100  School  District  Meetings  and  Officers. 

11.  If  a  married  man  lias  two  places  of  residence  at  different  times  of  the 
year,  that  will  be  esteemed  his  domicile  which  he  himself  selects  or  deems  his 
home,  or  which  appears  to  be  the  center  of  his  affairs,  or  where  he  votes  or 
exercises  the  rights  and  duties  of  a  citizen ; 

12.  If  a  man  is  unmarried,  that  is  generally  deemed  his  domicile  where  he 
transacts  his  business,  exercises  his  profession  or  assumes  the  privileges  or 
duties  of  a  citizen.     But  this  rule  is  subject  to  qualification  ; 

13.  Residence,  to  produce  a  change  of  domicile,  must  be  voluntary,  not  by 
imprisonment,  etc. ; 

14.  Mere  intention  to  remove,  without  the  fact  of  removal,  will  not  change 
the  domicile ;  nor  will  the  fact  of  removal  without  intention.  They  must  go 
together ; 

15.  A  domicile,  once  acquired,  remains  until  a  new  one  is  acquired. 
Voters  must,  in  the  first  place,  possess  three  qualifications ;  they  must  in  all 

cases  be  males,  twenty -one  years  of  age,  and  residents  of  the  district.  Possess- 
ing these,  a  man  to  be  entitled  to  vote  must  possess  also  one  of  the  following 
qualifications,  and  any  one  is  suflicieut : 

I.  He  must  be  entitled  to  kohl  lands,  and  must  also  own  or  hire  real  property 
in  the  district  subject  to  taxation  ;  it  matters  not  how  small  is  the  real 
property  or  how  brief  the  term  for  which  it  is  hired ;  tenancy  from  week  to 
week  of  a  shanty  or  a  room  is  sufficient.  But  an  alien,  though  he  has  taken 
the  incipient  measures  to  obtain  naturalization,  cannot  hold  real  property  or 
be  a  qualified  voter  at  a  school  district  meeting  in  the  district  wlicre  he 
resides,  until  he  has  made  and  filed  the  affidavit  hereinafter  mentioned. 

He  is  required  to  make  a  deposition  or  affirmation  in  writing,  before  an 
officer  authorized  to  take  the  proofs  of  deeds  to  be  recorded,  that  he  is  a 
resident  of  and  intends  always  to  reside  in  the  United  States  and  to  become 
a  citizen  thereof  as  soon  as  he  can  be  naturalized,  and  that  he  has  taken  sucli 
incipient  measures  as  the  laws  of  the  United  States  require  to  enable  him  to 
obtain  naturalization  ;  which  shall  be  certified  by  such  officer,  and  be  filed  and 
recorded  by  the  Secietary  of  State  in  a  book  to  be  kept  by  him  for  that 
purpose,  and  such  certificate,  or  a  certified  copy  of  it,  shall  be  evidence  of  tho 
facts  therein  contained. 

Tho  real  projjcrty  must  be  subject  to  taxation,  and  it  matters  not  that  tho 
person  claiming  to  vote  as  the  owner  or  hirer  of  it  is  not  actually  taxed  for  it 
himself,  or  that  the  property  is  not  taxed  to  the  owner  or  any  other  person. 
A  man  of  color  may,  therefore,  be  a  voter  at  a  district  meeting,  who  hires  real 
property  of  less  than  $350  in  value,  because  it  is  subject  to  taxation  as 
the  property  of  the  oimer ;  although  tho  man  of  color  cannot  vote  as  tho 
owner  of  real  property  of  less  than  $250  in  value,  because  the  Constitution 
(§  1,  art.  2)  exempts  him  from  taxation  unless  he  possesses  a  freehold  estato 
of  that  value.  Que.rrj,  however,  whether  a  man  of  color  who  owns  real  property, 
worth  say  $200,  which  he  rents  to  a  white  man,  so  that  the  latter  is  taxable  as 
occupant,  is  not  entitled  to  vote  at  a  district  meeting. 

II.  Or  he  must  be  authorized  to  vote  at  tawn  meetings  of  the  town  in  which  he 
resides,  and  have  permanently  residing  with  him  a  child  or  children  of  school 


School  District  Meetings  ain'^d  Officers.  101 

age,  some  one  or  more  of  whom  shall  have  attended  the  district  school  for  a 
period  of  at  least  eight  weeks  within  one  year  preceding. 

III.  Or  he  must  own  personal  property  liable  to  taxation  exceeding  $50  in 
value,  exclusive  of  such  as  is  exempt  from  execution. 

In  Crairford  v.  Wilson,  4  Hill,  504,  the  supreme  court  held  in  effect  that,  in 
estimating  the  amount  of  a  voter's  personal  property,  a  debt  due  to  him  from  a 
school  district  for  teachers'  wages,  and  from  his  father  for  services,  might  be 
tiiken  into  account.  No  unnaturalized  alien,  no  Indian  and  no  man  of  color,  can 
entitle  himself  to  vote  in  ^irtuo  of  his  possession  of  taxable  personal  property, 
nor  by  having  children  of  school  age,  as  above  set  forth.  His  claim  must  be  tested 
by  the  possession  of  the  right  to  vote  at  town  meeting,  which  requires  citizen- 
ehip  (which  excludes  aliens  and  Indians)  for  ten  days,  residence  of  the  State 
for  one  year  next  preceding,  and  of  the  county  for  the  last  four  months,  and, 
in  regard  to  the  man  of  color  who  is  a  citizen,  the  real  property  qualification 
also. 

The  personal  property  exempt  from  execution  is  defined  by  laAv  as  follows : 

"  When  owned  by  any  person  being  a  householder ;  and  such  articles  thereof 
as  are  movable  shall  continue  so  exempt  while  the  family  of  such  person  or 
any  of  them  may  be  removing  from  one  place  of  residence  to  another. 

"1.  All  spinning  wheels,  weaving  looms,  and  stoves  put  up  or  kept  for  use 
in  any  dwelling-house ; 

"  2.  The  family  Bible,  family  pictures,  and  school  books  used  by  or  in  the 
family  of  such  person  ;  and  books  not  exceeding  in  value  $50,  whicli  are  kept 
and  used  as  part  of  the  family  library  ; 

"  3.  A  seat  or  pew  occupied  by  such  person  or  his  family  in  any  house  or 
place  of  public  worship  ; 

"  4.  All  sheep  to  the  number  of  ten,  with  their  fleeces,  and  the  yarn  or  cloth 
manufactured  from  the  same  (though  not  the  owner  of  the  sheep  on  which 
grew  the  fleeces  from  which  they  are  made,  21  Wend.,  G9),  one  cow,  two  smne, 
the  necessary  food  for  them  (but  not  for  a  team,  5  Denio,  119),  all  necessary 
pork,  beef,  fish,  flour  and  vegetables  actually  provided  for  family  use  (although 
such  vegetables  may  be  in  the  ground,  undug  or  not  fully  grown,  25  Wend., 
370),  and  necessary  fuel  for  the  use  of  the  family  for  sixty  days ; 

"  5.  All  necessary  wearing  apparel,  beds,  bedsteads  and  bedding  for  such 
person  and  his  family,  arms  and  accoutrements  required  by  law  to  be  kept  by 
such  person,  necessary  cooking  utensils,  one  table,  six  chairs,  six  knives  and 
forks,  six  plates,  six  teacups  and  saucers,  one  sugar  dish,  one  milk  pot,  one  tea 
pot  and  six  spoons,  one  crane  and  its  appendages,  one  pair  of  andirons  and  a 
shovel  and  tongs ; 

"  6.  The  tools  and  implements  of  any  mechanic  necessary  to  the  carrying  on 
of  his  trade,  not  exceeding  $35  in  vahie."  {Sec  22,  chap.  6,  art.  2,  title  5,  part  3, 
of  the  Revised  Statutes.) 

By  section  1,  chapter  107,  T^aws  of  1858,  page  206,  the  foregoing  provision 
"does  not  apjily  to  any  judgment  rend(>red  for  any  claim  accruing  for  work 
and  labor  performed  in  a  family  as  a  domestic." 


102  School  District  Meetings  and  Officehs, 

Chapter  782,  Laws  of  18GG,  in  addition  to  tlie  articles  above  named,  extended 
the  list  of  exemptions  as  follows :  "  In  addition  to  the  articles  now  exempted. 
by  law  from  levy  and  sale  under  execution,  there  shall  be  exempted  from  such 
Bale  necessary  household  furniture,  and  working  tools  and  team,  professional 
instruments,  furniture  and  library  owned  by  any  person  being  a  householder 
or  having  a  family  for  whom  he  provides  to  the  value  of  not  exceeding  two 
hundred  and  fifty  dollars,  and  in  addition  thereto  there  shall  be  exempt  from 
Buch  levy  and  sale  the  necessary  food  for  said  team  for  a  period  not  exceeding 
ninety  days,  and  a  sewing  machine ;  provided  that  such  exemption  shall  not 
extend  to  any  execution  issued  on  a  demand  for  the  purchase-money  of  such 
furniture,  tools,  or  team,  or  the  food  for  said  team,  or  professional  instruments, 
furniture,  or  library,  sewing  machine,  or  the  articles  now  enumerated  by  law." 

"  No  replevin  shall  lie  for  any  property  taken  by  virtue  of  any  warrant  for 
the  collection  of  any  tax,  assessment  or  fine  iu  pursuance  of  any  statute  of  this 
State."     (2  Revised  Statutes,  p.  522,  sec.  4.) 

This  provision  must,  however,  be  subject  to  the  action  of  Congress  on  a  sub 
ject  which  by  the  Constitution  is  within  its  jurisdiction.  The  Constitution  in 
express  terms  gives  to  Congress  the  power  "  to  provide  for  organizing,  arming 
and  disciplining  the  militia." 

By  the  act  of  Congress  of  May  8,  1792  {vol.  2,  Laivs  of  the  Vailed  States,  293), 
every  citizen  enrolled  in  the  militia  is  required  to  provide  himself  Avith  the  fol- 
lowing accoutrements,  viz. :  "  A  good  musket  or  firelock,  a  suflicient  bayonet 
and  belt,  two  spare  flints  and  a  knapsack,  a  pouch  with  a  box  therein,  to  con- 
tain not  less  than  twenty- four  cartridges  suited  to  the  bore  of  his  musket  or 
firelock,  each  cartridge  to  contain  a  proper  quantity  of  powder  and  ball ;  or 
with  a  good  rifle,  knapsack,  shot  pouch  and  powder  horn,  twenty  balls  suited 
to  the  bore  of  his  rifle,  and  a  quarter  of  a  pound  of  powder  ; "  and  the  commis- 
sioned officers  are  required  to  be  armed  with  a  sword,  or  hanger,  or  ospontoon  ; 
and  it  is  declared  that  every  citizen  so  enrolled  and  providing  himself  with 
arms,  ammunition  and  accoutrements,  required  as  aforesaid,  shall  hold  the 
same  exempted  from  all  suits,  distresses,  executions  or  sales  for  debts,  or  for 
the  payment  of  taxes. 

By  the  laws  of  this  State  {chap.  6,  part  3,  title  5,  sec.  22,  vol.  2,  lieviied  Slat- 
,  ates),  the  "  arms  and  accoutrements  required  by  law  to  be  kept  by  any  person," 
as  well  as  a  variety  of  other  articles  therein  specified,  are  exempt  from  execu- 
tion, but  not  from  distress  for  taxes.  The  only  exemption,  therefore,  from  the 
operation  of  a  collector's  warrant  on  a  tax  list,  arises  under  the  act  of  Congress 
before  quoted,  and  this  can  only  be  extended  to  the  arms,  smmunition  and 
accoutrements  therein  spetilied. 

8  13.  If  any  person  oflbring  to  vote  at  an}'  nciuliboihood  or 
Bchool  district  meeting  shall  be  cliallenged  as  unqnnlificd,  l)y  any 
legal  voter  in  such  neighborhood  or  district,  the  chairman  ])resid 
ing  at  such  meeting  sliall  require  the  person  so  ofi'ering  to  make 
the  Ibllowing  declaration:  "I  do  declare  and  alliiiu  that  I  am  an 


School  District  jMeetixgs  and  Officers.  103 

actual  resident  of  this  school  district  (or  separate  neighborhood), 
and  that  I  am  qualified  to  vote  at  this  meeting."  And  every  per- 
son making  sucli  declaration  shall  be  permitted  to  vote  on  all 
questions  proposed  at  such  meeting;  but  if  any  person  shall 
refuse  to  make  such  declaration  his  vote  shall  be  rejected. 

A  party  knowing  a  person  to  be  unqualified  and  permitting  him  to  vote  with- 
out challenge  will  not  be  allowed  to  object  to  the  proceedings  of  the  meeting 
because  such  unqualified  person  participated  in  them.  It  has  been  the  practice 
of  some  of  the  State  Superintendents  upon  appeal  to  disregard  the  objection 
that  unqualified  persons  voted,  unless  they  were  challenged,  although  it  did 
not  appear  that  the  fact  of  their  disqualification  was  known  at  the  time  of  the 
meeting.  The  rule  is  well  settled,  that  proceedings  will  not  be  vitiated  by  ille- 
gal votes  unless  a  diiferent  result  would  have  teen  produced  by  excluding  such 
votes.  It  lies  uixin  the  party  objecting  to  show  that  fact,  even,  according  to 
the  judgment  of  the  supreme  court,  in  7  Cowen,  153,  if  the  nature  of  the  pro- 
ceeding is  such  as  to  deprive  him  of  the  power,  as  in  the  case  of  a  vote  by  bal- 
lot. In  the  case  cited,  the  court  say :  "  For  aught  that  appears,  the  spurious 
ballots  were  for  the  ticket  which  was  in  the  minority.  To  warrant  setting 
aside  the  election,  it  must  appear  aiBmiatively  that  the  successful  ticket 
received  a  number  of  improper  votes,  which,  if  rejected,  would  have  brought  it 
down  to  a  minority."  It  is  also  incumbent  upon  the  appellant  to  state  the  facts 
showing  the  lack  of  qualification  in  such  terms  as  necessarily  to  exclude  every 
presumption  that  the  voter  could  be  qualified  under  either  of  the  heads  stated 
in  the  note  to  the  previous  section. 

A  challenge  should  be  interposed  at  the  very  first  instance  in  which  an 
unqualified  person  may  offer  to  vote;  for  it  would  be  very  unjust  to  permit  a 
party  to  avail  himself  of  a  vote  so  long  as  it  should  be  cast  in  accordance  with 
his  views,  and  then  to  object  when  a  diflference  manifested  itself  between  him- 
self and  the  voter. 

If  a  challenge  is  interposed  upon  the  vote  for  chairman,  the  person  who 
made  the  nomination  ordinarily  takes  the  question  upon  it,  and  sliould  regard 
himself  as  temporary  chairman,  and  require  the  declaration  prescribed  by  the 
statute  from  the  challenged  party,  which  should  be  given  in  the  very  words  of 
the  law. 

§  n.  Any  person  who,  upon  being  so  cliallenged,  sliall  willi'ull}'' 
make  a  false  declaration  of  liis  right  to  vote  at  any  such  meeting, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  punished  by  impris- 
onment in  the  county  jail  for  not  less  than  six  montlis  nor  more 
than  one  year.  And  any  person  not  qualified  to  vote  at  any  yuch 
meeting,  who  shall  vote  thereat,  shall  thereby  forfeit  five  dollni-s, 
to  be  sued  for  by  the  supervisors  for  the  benefit  of  the  common 
schools  of  the  town.  [Sec.  22   of  title  3.) 


104  School  District  Meetings  and  Officees. 

§  15.  The  inhabitants  of  any  neighborhood  entitled  to  vote, 
when  assembled  in  any  annual  meeting  or  any  other  neighborhood 
meeting  duly  called  by  the  commissioner,  pursuant  to  the  first  or 
third  sections  of  this  title,  shall  have  power,  by  a  majority  of  the 
votes  of  those  present : 

1.  To  a^Dpoint  a  chairman  for  the  time  bemg ; 

2.  To  choose  a  neighborhood  clerk  and  one  trustee,  and  to  fill 
vacancies  in  office. 

There  have  been  no  more  than  five  neighborhoods  in  the  State  for  many 
years  past,  and  only  three  have  reported  during  the  last  two  years.  The  com- 
missioners may  find  it  best  to  annex  them  to  adjacent  districts  in  this  State. 

§  IG.  The  inhabitants  so  entitled  to  vote,  when  duly  assembled 
in  any  district  meeting,  shall  have  power,  by  a  majority  of  the 
votes  of  those  present : 

1.  To  appoint  a  chairman  for  the  time  being ; 

2.  If  the  district  clerk  be  absent,  to  appoint  a  clerk  for  the  time; 

3.  To  adjourn  from  time  to  time  as  the. occasion  may  require; 

4.  To  choose  one  or  three  trustees  as  hereinafter  provided,  a 
district  clerk,  a  district  collector,  a  librarian,  at  their  first  meeting, 
and  so  often  as  such  offices  or  any  of  them  become  vacated,  except 
as  hereinafter  provided  ; 

5.  To  fix  the  amount  in  which  the  collector  shall  give  bail  for 
the  due  and  faithful  performance  of  the  duties  of  his  office ; 

6.  To  designate  a  site  for  a  school-house,  or,  with  the  consent 
of  the  commissioner  or  commissioners  within  Avhose  district  or 
districts  the  school  district  lies,  to  designate  sites  for  tAvo  or  more 
school-liouses  for  the  district ; 

7.  To  vote  a  tax  upon  the  taxable  property  of  tlie  district  to 
purchase  or  lease  such  site  or  sites,  and  to  hire,  build  or  pur- 
chase such  school-houses,  and  to  keep  in  repair  and  furnish  the 
game  with  necessary  fuel  and  appendages ; 

8.  To  vote  a  tax,  not  exceeding  twenty-five  dollars  in  any  one 
year,  for  the  purchase  of  maps,  globes,  blackboards,  and  other 
school  apparatus,  and  for  tlie  purchase  of  text-books  and  other 
school  necessaries  for  the  use  of  i)Oor  scholars  of  the  district; 

9.  To  vote  a  tax,  not  exceeding  ten  dollars  in  any  one  year,  for 
the  purchase  of  such  books  as  they  shall  direct  for  the  district 
library,  and  such  further  sum  as  they  may  deem  necessary  for  the 
purchase  of  a  book-case ; 


School  District  Meetings  and  Officers.  105 

10.  To  vote  a  fax  to  supply  a  deficiency  in  any  former  tax, 
arising  from  such  tax  being,  in  ■whole  or  in  part,  uncollectible  ; 

11.  To  authorize  the  trustees  to  cause  the  school-house  or  school- 
houses,  and  their  furniture,  appendages  and  school  apparatus,  to 
be  insured  by  any  insurance  company  created  by  or  under  the 
laws  of  tliis  State ; 

12.  To  alter,  repeal  and  modify  their  proceedings,  from  time  to 
time,  as  occasion  may  require ; 

13.  To  vote  a  tax  for  the  i^urchase  of  a  book  for  the  purpose  of 
recording  their  proceedings ; 

14.  To  vote  a  tax  to  replace  moneys  of  the  district  lost  or 
embezzled  by  district  officers ;  and  to  pay  the  reasonable  expenses 
incurred  by  district  officers  in  defending  suits  or  appeals  brought 
against  them  for  their  official  acts,  or  in  prosecuting  suits  or 
appeals  by  direction  of  the  district  against  other  parties. 

15.  To  vote  a  tax,  not  exceeding  twenty-five  dollars  in  each 
year,  for  anticipated  deficiencies  or  contingencies,  or  to  pay  the 
wages  of  teachers  iu  anticipation  of  the  ordinary  collections  for 
that  purpose,  to  be  replaced  by  such  collections  when  made ; 

16.  To  vote  a  tax  to  pay  whatever  deficiency  there  niaj^  be  in 
teachers'  wages  after  the  public  money  apportioned  to  the  district 
shall  have  been  applied  thereto;  but  if  the  inhabitants  shall  neg- 
lect or  refuse  to  vote  a  tax  for  this  purpose,  or  if  they  shall  vote  a 
tax  which  shall  prove  insufficient  to  cover  such  deficiency,  then 
the  trustees  are  authorized,  and  it  is  hereby  made  their  duty,  to 
raise,  by  district  tax,  any  reasonable  sum  that  niay  be  necessary  to 
})ay  the  balance  of  teachers'  wages  remaining  unpaid,  the  same  as 
if  such  tax  had  been  authorized  by  a  vote  of  the  inhabitants. 

The  several  powers  conferred  by  this  section  mav  be  arranged  under  the 
following  heads : 

1.  The  organization  of  the  meeting  by  the  appointment  of  its  officers; 

2.  The  ppwer  of  adjournment ; 

3.  The  election  of  district  officers ; 

4.  Fixing  the  amount  of  the  collector's  bail ; 

5.  The  selection  and  designation  of  school-house  sites ; 

6.  The  power  of  taxation ; 

7.  The  power  to  alter,  repeal  and  modify  their  proceedings. 

Before  discussing  the  particular  powers  under  their  several  heads,  wc  will 
consider  the  general  powers  conferred.  They  are  granted  to  the  inhabitants 
entitled  to  vote  when  duly  assembled  in  any  district  meeting.     The  exercise 

14 


106  School  District  Meetings  and  Officers, 

of  them  cannot  therefore  be  confined  to  the  annual  meeting ;  nor  does  this  con- 
flict with  the  doctrine  that  it  is  the  duty  of  trustees,  when  giving  notice  of 
every  meeting,  to  state  the  purpose  for  wliich  it  is  called.  They  are  bound 
to  inform  the  inliabitants  what  business  they,  or  those  at  whose  instance  they 
give  the  notice,  propose  to  lay  before  the  meeting.  But  their  neglect  in  this 
particular  cannot  deprive  the  inhabitants  of  any  power  which  the  statute  con- 
fers upon  them.  The  inhabitants  are  the  legislative  power,  and,  when  law- 
fully assembled,  are  entitled  to  consider  and  act  upon  propositions  affecting  the 
interests  of  the  district,  by  whomsoever  offered  and  with  however  little  pre- 
meditation, unless  where  specially  restrained  or  limited  by  statute,  as  they  are 
in  respect  to  a  change  of  site. 

The  resolutions  of  the  meeting  are  determined  by  a  majority  of  the  votes 
of  those  present  and  voting,  and  do  not  require  the  votes  of  a  majority  of  all 
present  and  not  voting.  Even  if  the  words  of  the  statute  were  less  explicit  this 
would  be  the  rule  at  common  law,  which,  as  stated  by  Lord  Mansfield  (3  Burr., 
1021),  is :  "  Whenever  electors  are  present  and  do  not  vote  at  all,  they  virtually 
acquiesce  in  the  election  made  by  those  who  do."  In  that  case  twenty-one  electors 
were  present,  nine  of  whom  voted  for  S.  as  town  clerk,  eleven  protested  against 
him  without  voting  for  any  one  else,  and  one  other  said  "  he  suspended  doing 
any  thing."  The  action  of  the  twelve  was  held  to  be  the  same  as  if  they  had 
been  silent ;  and  being  present,  but  silent,  exactly  as  if  they  had  been  absent. 
They  must  be  taken  to  assent  to  what  the  otliers  agree  to  in  carrying  out  the 
purpose  of  the  meeting. 

Tlie  same  doctrine  is  applied  in  a  recent  case  (7  Adolph.  cfc  Ellis,  454)  to  other 
resolutions  than  those  for  an  election.  The  court  say :  "  The  principle,  indeed, 
may  be  l^est  illustrated  by  the  analogy  dra^vn  from  electoral  meetings  ;  but  it 
is,  in  truth,  of  a  very  general  nature,  and  inseparable  from  the  proceedings 
of  any  assembly  convened  for  doing  some  act  necessary  to  be  done  at  that 
meeting.  The  majority  must  do  it;  otherwise,  however  necessary,  it  will  be 
left  undone.  But  what  majority?  The  majority  of  those  who  choose  to  take 
a  part  in  the  proceedings  of  the  assembly.  At  almost  every  meeting  of  com- 
missioners for  executing  public  works  and  imposing  rates  for  that  pnrpose,  it 
is  probable  that  the  resolution  is  formed  by  a  small  nimiber  of  those  who 
attend,  on  whom  the  larger  number  are  content  to  rely.  If  it  were  found  as  a 
fact  that  five  had  passed  the  resolution  in  a  room  containing  twenty,  of  whose 
proceedings  the  other  fifteen  were  ignorant,  this  would  be  the  undoubted  act 
of  the  whole  meeting,  if  the  proceedings  had  been  conducted  regularly  and 
no  fraud  were  practiced  to  occasion  the  ignorance  of  the  fifteen.  But  suppose 
the  twenty  v/ere  convened  to  do  an  act  which  the  law  required  them  to  do  at 
that  time,  and  the  only  open  question  was  as  to  the  mode  of  doing  it ;  a  mode 
lawful  in  itself  is  regularly  submitted,  whereupon  fifteen  declare  that  though 
the  law  has  imposed  the  duty  on  them  they  entertain  so  strong  an  objection, 
on  grounds  of  conscience,  to  the  law,  that  they  refuse  entirely  to  concur  in 
obeying  it.  What  must  be  the  consetjuence?  Must  the  law  be  set  at  naught 
and  its  requirements  be  disregarded,  or  must  not  those  wlio  stand  aloof 
be  considered  as  refusing  to  assist  in  the  execution  of  their  duty  and  leav- 


School  Disteict  Meetings  axd  Officers.  107 

ing  it  to  be  done  by  tlie  minority,   wbicli  is  desirous  of  doing  what  is 
right?" 

The  powers  of  a  district  meeting,  in  the  order  of  the  statute,  ^\ill  now  be 
considered. 

1.  Tlte  organization  of  the  meeting  hy  the  appointment  of  its  officers. 

a.  To  appoint  a  chairman  for  the  time  being:  As  the  statute  directs  the 
appointment  of  a  chairman,  he  should  be  so  entitled,  and  not  moderator  or 
president.  The  acceptance  of  the  position  does  not  deprive  the  chairman  of 
the  right  to  vote  upon  any  question  submitted  to  the  meeting.  He  may  either 
give  a  casting  vote  upon  a  tie,  or,  when  there  is  a  majority  of  one  in  favor  of 
any  resolution,  may  vote  with  the  minority,  and  thus  make  a  tie  vote,  which 
defeats  the  resolution  ;  or  without  waiting  for  this  result  may,  upon  the  call  of 
yeas  and  nays  by  the  clerk,  vote  when  his  name  is  reached.  He  can,  however, 
cast  but  one  vote  upon  the  question. 

It  is  the  chairman's  duty  to  put  every  question  to  vote  which  is  made  and 
seconded.  If  he  deems  the  motion  out  of  order,  he  should  so  declare ;  if  the 
party  making  the  motion  deems  his  decision  upon  the  point  of  order  erroneous, 
it  is  his  right  to  appeal  to  the  meeting  from  such  decision,  and,  if  the  appeal  is 
seconded,  it  is  the  duty  of  the  chairman  to  put  the  question  :  "  Shall  the  decis- 
ion of  the  Chair  be  sustained  ?  "  If  upon  such  appeal  the  meeting  vote  against 
the  decision  of  the  Chair,  it  is  the  chairman's  duty  to  put  the  original  question ; 
a  refusal  to  do  so  is  disorderly,  and  it  is  in  such  case  in  the  power  of  the 
meeting  to  select  a  new  chairman  who  will  conform  to  its  decision.  The 
motion  for  this  purpose  may,  from  the  necessity  of  the  case,  be  put  by 
the  clerk.  There  being  no  code  of  rules  to  regulate  the  proceedings  of  district 
meetings,  that  must  be  held  to  be  in  order  to  which  a  majority  consents.  Th& 
office  of  the  chairman  is  to  facilitate  the  ascertaining  of  the  wishes  of 
the  majority.     If  their  determination  be  illegal,  the  remedy  is  by  appeal. 

h.  The  district  clerk  (see  section  37,  of  this  title)  must  record  all  the  proceed- 
ings of  the  district,  and  it  is  therefore  his  duty  to  be  present  at  all  meetings. 
In  his  absence  the  inhabitants  can  appoint  a  clerk  for  the  time,  whose  minute 
of  the  proceedings  the  clerk  must  subsequently  record.  The  best  course  is  to 
keep  a  full  minute  of  all  motions,  resolutions  and  votes,  and  afterward  copy 
them  in  detail  into  the  record  book. 

2.  To  acljourn  from  time  to  time,  as  occasion  may  require. — A  motion  for 
adjournment  takes  precedence  of  all  others,  for  otherwise  the  meeting  might 
ho  kept  in  session  against  its  will,  and  for  an  indefinite  period.  A  majority 
who  were  desirous  of  adjourning  could  not  withdraw  without  lea\nng  all  tho 
powers  of  the  meeting  in  the  possession  of  the  minority.  And  if  any  other 
motion  were  permitted  to  take  precedence,  it  might  be  in  the  power  of  a  fac- 
tious minority,  by  renewing  such  motions,  to  wear  out  the  physical  endurance 
of  the  majority.  This  motion,  however,  cannot  be  received  after  another 
question  is  actually  put,  and  while  the  meeting  is  engaged  in  voting  upon  it ; 
but  in  such  case  the  vote  must  be  concluded  and  the  result  announced  by  the 
chainuan.  If  a  question  bo  put  for  adjournment,  it  is  not  an  adjournment  until 
the  chairman  pronoimces  it. 


108  School  Disxracx  Meetings  and  Officees. 

An  adjournment  is  either  ■without  day  or  to  a  specified  time.  In  the  former 
case  all  propositions  upon  which  the  question  has  not  been  taken  are  discontin- 
ued, and  are  not  taken  up  at  another  meeting  except  upon  a  fresh  proposition. 
In  the  latter  case  it  is  but  a  continuance  of  the  session ;  all  matters  pending 
remain  in  the  same  situation  in  which  they  were  left,  and  when  the  meeting 
again  convenes  are  resumed  at  the  precise  point  at  which  they  were  left.  The 
statute,  however,  regards  an  adjournment  for  more  than  one  month  as  consti- 
tuting a  new  meeting,  so  far  as  to  require  the  posting  of  written  notices  of  the  • 
time  and  place  thereof  in  four  at  least  of  the  most  public  places  of  the  district, 
at  least  five  days  before  the  time  appointed.  {See.  sec.  37,  sub.  3,  of  this  title.)  If 
a  special  meeting  be  properly  called,  or  the  annual  meeting  occur  in  the  mean 
time,  its  powers  in  reference  to  any  subject  are  not  impaired  by  the  fact  that  a 
previous  meeting,  having  such  subject  under  consideration,  stands  adjourned  to 
a  subsequent  day.  {See  6  Mdcalf  [J/ass.  i?ep.],  509.) 

3.  The  election  of  district  officers. —  The  officers  to  be  chosen  at  an  annual 
meeting  are,  one  or  three  trustees,  a  district  clerk,  a  district  collector,  and  a 
librarian.  The  choice  is  subject  to  the  limitations  contained  in  sections 
twenty-three  and  twenty-four  of  this  title,  by  wliich  a  school  commissioner  or 
supervisor  are  ineligible  to  the  office  of  trustee ;  and  no  trustee  can  hold  the 
office  of  district  clerk,  collector  or  librarian  ;  and  by  which  the  officer  chosen 
must  be  a  resident  of  the  district  and  qualified  to  vote  at  its  meetings.  All 
the  officers  named  are  to  be  elected  at  the  first  meeting  of  the  district,  and  as 
often  as  vacancies  occur  for  any  cause.  In  reference  to  votes  cast  for  disquali- 
fied candidates,  the  law  is  thus  stated  in  7  Adolph.  &  Ellis,  437 :  "  The  result  of 
the  decisions  appears  to  be  this:  Where  the  majority  of  electors  vote  for  a  dis- 
qualified person  in  ignorance  of  the  fact  of  disqualification,  the  election  may 
be  void,  or  voidable,  or  in  the  latter  case  may  be  capable  of  being  made  good, 
according  to  the  nature  of  the  disqualification.  The  objection  may  require 
ulterior  proceedings  to  be  taken  before  some  competent  tribunal  in  order  to  be 
made  available,  or  it  may  be  such  as  to  place  the  elected  candidate  on  the  same 
footing  as  if  he  had  never  existed  aud  the  votes  for  him  were  a  nullity  ;  but  in 
no  case  are  the  electors  who  vote  for  him  deprived  of  their  votes.  If  the  fact 
becomes  known  and  is  declared  while  the  election  is  still  incomplete,  they  may 
instantly  proceed  to  another  nomination  and  vote  for  another  cantlidate.  If  it 
be  disclosed  afterward,  the  party  elected  may  bo  ousted,  and  tire  election 
declared  void  (by  a  competent  tribunal) ;  but  the  candidate  in  the  minority 
will  not  bo  deemed  ipso  facto  elected.  But  where  an  elector  before  voting 
receives  due  notice  that  a  particular  candidate  is  disqualified,  and  yet  will  do 
nothing  but  tender  his  vote  for  him,  he  must  be  taken  voluntarily  to  abstain 
from  exercising  his  franchise ;  and  therefore,  however  strongly  he  may  in  fact 
dissent,  and  in  however  strong  terms  he  may  disclose  his  dissent,  he  must  be 
taken  in  law  to  assent  to  the  election  of  the  opposing  and  qualified  candidate, 
for  he  will  not  take  the  only  course  by  which  it  can  be  resisted,  that  is,  help  to 
elect  some  other  person.  *  *  *  If  he  dissents  from  the  choice  of  A.,  who  is 
qualified,  he  mast  say  so  by  voting  for  some  other,  also  qualified  ;  ho  has  no 
right  to  employ  his  franchise  merely  in  preventing  an  election,  and  so  defeat- 


School  District  Meetings  and  Officers.  109 

ing  the  object  forwhicli  lie  is  empowered  and  bound  to  attend.  *  *  *  Where 
the  disqualification  depends  upon  a  fact  which  may  be  unknown  to  the  elector, 
he  is  entitled  to  notice;,  for  without  that  the  inference  of  assent  could  not  fairly 
be  drawn,  nor  could  tlie  consequences  as  to  the  vote  be  just ;  but  if  the  disquali- 
fication be  of  a  sort  whereof  notice  is  to  be  presumed,  none  need  expressly  be 
given.  No  one  can  doubt  that  if  an  elector  would  nominate  and  vote  only  for 
a  woman,  his  vote  would  be  thrown  away.  The  fact  would  then  be  notorious, 
and  every  man  would  be  presumed  to  know  the  law  upon  that  fact." 

A  person  who  is  present  at  the  meeting,  when  elected  to  any  office,  will  be 
deemed  to  accept  the  same  unless  he  declares  his  refusal,  so  that  if  the  meet- 
lug  chooses  to  excuse  him  a  new  election  may  be  had.  (See  section  28  of  this 
title.)  If  votes  are  given  for  him  for  an  incompatible  office,  subsequent  to  such 
acceptance,  it  is  in  his  power  to  elect  which  of  the  offices  he  will  hold,  and,  if 
present,  he  should  declare  which  he  vacates,  that  the  meeting  may  at  onco 
proceed  to  fill  it. 

If  the  meeting  in  his  absence  elect  him  to  two  offices,  he  can  take  the  legal  steps 
to  qualify  himself  for  the  one  ho  chooses  to  accept,  and  the  other  will  be  vacant. 

When  a  meeting  has  elected  its  officers,  and  the  vote,  whether  by  ballot  or 
viva  vfice,  has  been  declared,  by  the  presiding  officer,  the  power  of  the  meeting 
is  exhausted.  It  will  not  be  permitted  to  rescind  its  vote  and  annul  an  elec- 
tion. The  ordinary  proceedings  of  a  meeting,  such  as  the  voting  of  a  tax,  tho 
designation  of  a  site,  and  the  acceptance  or  disapproval  of  a  trustee's  account, 
may  be  reviewed,  altered  or  rescinded,  but,  an  election  once  made,  the  person 
elected  has  a  right  to  enter  upon  the  duties  of  the  office,  and  a  second  election 
would  be  an  attempt  to  put  another  officemin  a  place  already  filled. 

The  inhabitants  have  the  power  and  it  is  their  duty  to  fill  every  vacancy 
existing  in  a  district  office,  notwithstanding  it  has  existed  more  than  one 
month.  If  the  vacancy  has  been  created  by  any  other  cause  than  the  expira- 
tion of  the  incumbent's  term,  it  is  advisable  that  a  resolution  should  be  passed 
declaring  such  vacancy  to  exist,  and  expressly  stating  the  ground  on  which 
the  meeting  adjudges  the  office  vacant.  Cases  are  reported  where  removal 
from  a  district,  though  not  such  as  to  forfeit  the  rights  of  the  party  as  an 
inhabitant,  and  where  an  actual  incapacity  to  serve,  though  not  declai*ed  by 
law,  have  been  held  sufficient  to  justify  treating  them  as  creating  a  vacancy. 
In  such  cases,  the  officer  removing,  or  becoming  incapable,  for  any  reason,  of 
discharging  his  duties,  ought  to  furnish  written  evidence  thereof  by  a  tender 
of  his  resignation.  If  he  omits  to  do  so,  it  is  for  tlie  ai)pointing  power  to  judge 
in  the  first  instance  whether  a  vacancy  exists ;  and  altliough  it  may  err  in  so 
declaring,  the  officer  appointed  will  be  deemed  an  officer  de  facto,  and  his  acta 
in  relation  to  the  public  and  third  persons  deemed  valid,  until  his  election  is 
pronounced  void. 

4.  Fixing  the  amount  of  the  collector''s  hand. — By  section  83  of  this  title,  tho 
collector,  within  ten  days  after  having  received  notice,  and  before  any  war- 
rant is  placed  in  his  hands  for  the  collection  of  money,  must  execute  a  bond  in 
the  amount  fixed  by  the  meeting,  conditioned  for  the  faithful  discharge  of  hia 
oificial  duties. 


110  School  DisxracT  Meetixgs  and  Officers. 

If  the  meeting  omit  to  pass  any  resolution  fixing  tlie  amount  of  bail,  the 
trustees  must  fix  it  at  such  sum  as  they  deem  reasonable. 

5.  The  selection  and  designation  of  school-house  sites. — The  designation  of  a 
site  should  be  made  by  a  written  resolution,  in  which  the  description  should 
be  given  by  metes  and  boundaries.  The  selection  may  be  made  in  advance  by 
the  trustees  or  any  other  person,  the  title  investigated,  the  price  agreed  on, 
and  all  the  preliminary  tenns  of  the  purchase  settled.  A  survey  should  be 
actually  made,  and  the  dimensions  precisely  known.  The  passage  of  a  resolu- 
tion designating  a  site  will  then  be  the  formal  act  of  the  meeting.  But  the 
site  will  not  be  so  detemiined  by  such  a  vote  as  to  require  a  special  meeting 
to  change  it,  until  a  legal  title  has  been  acquired  by  the  execution  and  delivery 
of  a  deed,  or  by  the  making  of  a  valid  contract  for  the  purchase,  which,  to  be 
binding  imder  the  statute  of  frauds,  must  be  in  writing,  under  seal,  and  sub- 
scribed by  the  parties  to  be  bound  thereby. 

The  question  frequently  arises  whether  the  district  has  a  title  to  a  site,  so 
as  to  render  a  new  designation  equivalent  to  an  additional  site  requiring  the 
consent  of  the  school  commissioner,  or  a  change  of  site  requiring  a  meeting 
called  by  special  notice  for  that  purpose.  It  is  ordinarily  started  in  conse- 
quence of  doubts  as  to  the  title  of  a  site  actually  occupied  or  claimed  by  the 
district,  growing  out  of  the  want  of  a  deed,  or  the  loss  of  a  deed  without  its 
La\'ing  been  recorded,  where  one  was  originally  execiited. 

A  right  in  real  estate  may  be  acquired  either  by  grant,  by  deed  duly  executed 
and  delivered,  or  by  an  adverse  possession  of  twenty  years  under  claim  of  title, 
in  which  case  the  law  presumes  a  grant,  or  by  a  valid  contract  for  the  convey, 
ance,  where  a  court  of  equity  will  enforce  a  specific  performance,  or  in  tho 
case  of  the  public  by  dedication. 

In  reference  to  the  first  mode :  In  the  case  of  occupation  under  a  grant,  it 
is  not  material  that  the  deed  has  been  lost,  for  the  paper  itself  is  but  evidence 
of  the  fact,  and,  upon  showing  its  loss,  the  existence  and  contents  of  the  deed 
may  be  proved  by  other  testimony ;  nor  is  the  fact  of  its  not  having  been 
recorded  material,  for  the  recording  act  is  only  for  the  benefit  of  purchasers  in 
good  faith  and  without  notice,  and  the  possession  of  real  estate  is  held  by  the 
courts  to  be  sufficient  notice  to  put  a  purchaser  upon  inquiry  as  to  the  rights 
of  the  party  in  possession,  and  to  charge  him  with  notice  of  all  facts  to  which 
such  inquiry  might  have  led. 

As  to  the  second  mode  of  acquiring  title,  by  adverse  possession,  it  may  bo 
first  remarked,  that  a  mere  naked  possession,  without  any  claim  of  right  or 
title,  will  not  constitute  a  defense  against  one  who  can  prove  a  better  right  of 
possession.  The  possession  of  a  person  who  has  no  title,  no  right  of  posses- 
sion,  and  sets  up  no  claim  of  right,  will  be  deemed  the  possession  of  the  real 
owner,  and  will  inure  to  his  benefit. 

Many  school-house  sites  in  the  State  arc  held  by  adverse  possession.  Tho 
Bchor)l  trustees  sometimes  failed  to  procure  deeds  of  conveyance,  and  some- 
times failed  to  have  them  recorded  ;  and  so,  in  process  of  time,  they  have  been 
mislaid  and  lost,  and  all  evidence  of  their  existence  is  gone.  In  all  such  cases, 
when  the  district  has  claimed  title  and  kept  possession  for  twenty  years  and 


School  District  Meetings  and  Officers.  Ill 

upward,  the  title  is  held  adversely.  But  there  must  be  a  claim  of  title, 
and  this  claim  must  be  of  the  entire  title,  and  one  which  necessarily  excludes 
the  idea  of  title  in  any  other.  An  adverse  possession  must  be  an  actual  and 
hostile  possession.  It  involves  an  assumption  of  the  right  to  the  land  in 
question,  from  the  time  it  is  alleged  to  have  commenced,  and  a  continued 
holding  with  the  assertion  of  right.  It  must  be  visible  and  notorious,  and 
exclude  the  exercise  of  ownership  by  the  other  party,  and  must  bo  hostile  in 
such  sense  as  to  indicate  intent  to  occupy  exclusively.  (9  Wend.,  511 ;  9  Johns., 
180;  5  Cow.,  74;  17  Barb.,  CG3  ;  19  Barb.,  Gl-1;  2  Sniith\'i  S.  C,  39;  9  Coiu., 
530 ;  5  Cow.,  346 ;  5  Cow.,  539  ;  5  Wend.,  533 ;  9  Johns.,  174.) 

The  district  can  hold  only  what  land  has  been  actually  occupied.  If  there 
is  no  written  title,  and  reliance  is  placed  upon  possession  with  an  assertion 
of  title,  only  so  much  land  can  be  retained  as  is  under  actual  improvement. 
If  there  has  been  possession  of  the  house  only,  and  the  land  on  which  it 
stands,  then  only  so  much  land  can  be  retained.  If  there  has  been  a  yard 
inclosed  by  a  fence,  then  all  the  land  that  has  been  so  inclosed  can  be  retained. 
(1  Johns,  158  ;  2  Johns.,  234  ;  2  Johns.,  230  ;  7  Wtnd.,  62.) 

Where  there  has  been  an  actual  occupation  of  premises  in  any  of  the  modes 
above  described,  an  oral  claim  of  exclusive  right  is  sufficient,  without  the 
pretension  that  sush  claim  is  founded  upon  a  written  instrument,  and  a  claim 
of  title  even  under  a  paper  altogether  void  and  inoperative  as  a  deed  will  yet 
characterize  a  possession  as  adverse.  (34  Wend.,  604.)  The  possession  is 
evidence  only  of  such  title  as  the  party  has  asserted.  If,  therefore,  the  claim 
has  been  only  to  hold  at  sufferance,  or  conditionally,  or  for  a  term  of  years,  it 
can  never  ripen  into  a  better  title. 

If  laud  has  been  conveyed  to  a  district  to  be  held  so  long  as  it  shall  be  used 
for  a  school-house  site  or  for  school  purposes,  then,  upon  the  abandonment 
of  the  site,  and  the  removal  of  the  house  to  some  other  location  (and  the  house 
should  be  removed  before  the  site  is  abandoned),  the  land  will  revert  to  the 
original  grantor,  or  to  his  heirs  and  assigns.  If  adjoining  land  be  purchased, 
and  the  house  removed  to  the  new  purchase,  but  the  former  premises  be  still 
retained  and  used  as  a  yard  or  play  ground,  the  district  will  still  hold  it. 

If  a  house  has  been  built  upon  land  held  under  a  lease,  and  the  title  has 
come  from  the  lessee,  then  the  district  can  hold  only  during  the  term  of  the 
lease. 

It  behooves  a  district  to  see  that  land  is  not  bought  of  persons  who  have 
only  a  life  estate,  or  a  leasehold,  or  any  title  less  than  a  fee  simple,  for  it  is  a 
general  rule  that  a  man  cannot  grant  any  higher  title  or  greater  estate  than 
he  owns.* 

•  Adverse  Possession.  — The  provisions  of  the  Code  on  this  subiont  are  as  follows : 
§  81.  Po^senfion  premiwd.  Occupalion.  when  deemfd  under  legal  title. — In  every  action  for 
the  recovery  of  real  property,  or  the  possess-ion  thereof,  the  person  estahlisihinsr  a  le^'al  titlo 
to  the  premises  shall  be  presumed  to  have  been  possessed  thereof  within  the  lime  required 
by  law;  and  the  occupation  of  t^ueh  premises  by  any  other  person  shall  be  deemed  to  luive 
been  under  and  in  subordination  to  the  legal  title,  luiless  it  appear  that  such  premise.s 
have  been  held  and  possessed  adversely  to  such  legal  title  for  twenty  years  before  the  com- 
mencenitnit  of  such  action. 

§  8>.  Occiijxttioa  tinder  tcnften  in.ifrument.— Whenever  it  shall  appear  that  the  occui)ant, 
or  those  under  whom  he  claims,  entered  into  possessiou  of  premises  under  claim  of  title, 


112  School  District  Meetings  and  Officers. 

A  district  may,  in  the  fourth  place,  acquire  title  to  a  site  by  dedication,  which 
means  the  setting  apart  for  public  use,  in  some  solemn  manner,  a  lot  of  land, 
for  a  street,  or  a  park,  or  a  square,  or  a  market,  or  a  church,  or  a  school-house, 
or  other  public  purpose.  This  may  be  done  by  deed,  or  by  a  map  on  Avhich 
lots  are  marked  oiF  for  public  use.  In  the  case  of  Fotkr  v.  Chapin  (6  Paige,  639), 
the  inhabitants  of  a  village  and  others  contributed  money,  labor  and  materials, 
and  built  a  school-house  for  the  general  benefit  of  the  inhabitants,  and  the 
court  held  that  this  was  a  dedication  to  the  village  public  for  the  purposes  of 
education,  which  would  be  upheld  in  equity. 

This  dedication  may  be  with  or  without  writing,  if  it  be  for  public,  pious,  or 
charitable  purposes,  provided  the  person  making  it  devotes  it  by  some  open 

exclusive  of  any  other  rifjht,  foundins^  such  claim  upon  a  written  instrument,  as  being  a 
conveyance  of  the  premises  in  question,  or  upon  a  decree  or  judgment  of  a  competent  court, 
and  that  there  has  been  a  continued  occupation  and  possession  of  the  premises  includi'd  in 
Buch  instrument,  decree,  or  judgment,  or  of  some  part  of  such  premises,  under  such  claim, 
for  twenty  years,  the  premises  so  included  shall  be  deemed  to  have  been  held  adversely; 
except  that  when  the  premises  so  included  consist  of  a  tract  divided  into  lots,  the  posscs- 
Bion  of  one  lot  shall  not  be  deemed  a  possession  of  any  other  lot  of  the  same  tract. 

§  83.  Adverse  jwi!<exnon. — For  the  purpose  of  constifuting  an  adverse  possession  by  any 
person  claiming  a  title  founded  upon  a  written  instrument,  or  a  judgment  or  decree,  land 
shall  be  deemed  to  have  been  possessed  and  occupied  in  the  following  cases: 

1.  When  it  has  been  usually  cultivated  and  improved  ; 

2.  When  it  has  been  protected  by  a  substantial  inclosure ; 

3.  Where,  although  not  inclosed,  it  has  been  used  for  the  siipply  of  fuel  or  of  fencing 
timber,  for  the  purposes  of  husbandry,  or  the  ordinary  use  of  the  occupant; 

4.  Where  a  known  farm  or  a  singlelot  has  been  partly  improved,  the  portion  of  such  farm 
or  lot  that  may  have  been  left  not  cleared,  or  not  inclosed,  according  to  the  usual  course 
and  custom  of  the  adjoining  country,  shall  be  deemed  to  have  been  occupied  for  the  same 
length  of  time  as  the  part  improved  and  cultivated. 

a.  An  adverse  possession  not  founded  on  any  written  instrument  extends  only  to  the  land 
fenced,  cultivated  and  improved.  (Ove)-ing_  v.  Rusnell,  32  Barb.,  203.) 

b.  An  adverse  possession  commenced  in  the  life-time  of  the  ancestor  continues  to  run 
against  his  heir,  although  the  heir  may  be  under  disability.  (Becker  \.  Van  Valkenbiirgh,  i'3 
Barb.,  31!).) 

c.  A  general  assertion  of  ownership  irrespective  of  any  particular  title  will  constitute  an 
adverse  possession.  (Crary  v.  Goodman,  -i-i  N.  Y.,  170';  Miller  v.  Garlock,  8  Barb.,  153; 
Becfer  V.  Van  Valkenburgh,  29  Barb.,  319 ;  Fl'ih  v.  FUh,  39  Barb.,  513.) 

§  84  PreinUef!  actiiallij  ocaqned  held  adverstly. — When  it  shall  appear  that  there  has  been 
an  actual  continued  occupation  of  premises,  under  a  claim  of  title,  exclusive  of  any  other 
right,  but  not  founded  upon  any  written  instrument,  or  a  judgment  or  decree,  the  premises 
80  actually  occupied,  and  no  other,  shall  be  deemed  to  be  held  adversely. 

§8').  Adver.^a  possexHon  vndir  claim  not  w?'i/ten.— For  the  purpose  of  constituting  an 
adverse  possession  by  a  person  claiming  title  not  founded  on  a  written  instrument,  or  a 
judgment  or  decree,  land  shall  be  deemed  to  have  been  possessed  and  occupied  in  the  fol- 
lowing cases  only : 

1.  When  it  has  been  protected  by  a  substantial  inclosure  ; 

2.  When  it  has  been  usually  cultfvated  or  improved.  {Miller  v.  Garlock,  8  Barb.,  I.*)".) 

§  8(J.  Relation  of  landlard ami  /</«//(/.— Whenever  the  relation  of  landlord  and  tenant  shall 
have  existed  between  any  pcrsous.  Hit-  possession  of  the  tenant  shall  be  deemed  the  pos- 
session of  the  landlord,  until  the  expiration  of  twenty  years  from  the  termination  of  the 
tenancy;  or,  when  there  has  I)een  no  written  lease,  until  the  expiration  of  the  twenty  years 
from  the  time  of  the  last  jjayment  of  rent;  notwitlistanding  that  such  tenant  may  have 
acquired  another  title,  or  may  have  claimed  to  hold  adversely  to  his  landlord.  Biit  such 
presum|)tiou  shall  not  be  made  after  the  periods  herein  limited. 

§  S7.  Descent  t'«.</.— The  right  of  a  person  to  the  possession  of  any  real  property  shall  not 
be  impaired  or  affected  by  a  descent  being  cast  in  consequence  of  the  death  of  a  person  in 
possession  of  such  property. 

%  ^^m  Person.^  under  difahilltiea.—Xi  a  person  entitled  to  commence  an  action  for  the 
recovery  of  real  property,  or  to  make  an  entry  or  defense  founded  on  the  title  to  real  prop- 
erty, or  to  rents  or  services  out  of  the  same,  be,  at  the  time  such  title  shall  first  descend 
or  accrue,  either  — 

1.  Within  the  age  of  twenty-one  years  ;  or, 

2.  Insane ;  or 

3.  Imprisoned  on  a  criminal  charge,  or  in  execution  upon  conviction  of  a  criminal  offense 
for  a  term  less  than  for  life  ;  or 

4.  A  married  woman— The  time  during  which  such  disability  shall  continue,  shall  not  be 
deemed  any  portion  of  the  time  in  this  chajiter  limited  for  the  commencement  of  snch 
action,  or  the  making  of  such  entry  or  defense:  but  such  action  may  be  commenced,  or 
entry  or  defense  made,  after  the  period  of  twenty  years,  iind  within  ten  years  after  Iho 
di-^ability  shall  cease,  or  after  the  death  of  the  person  entitled  who  shall  die  under  such  dis- 
ability ;  but  such  action  shall  not  be  comineuced,  or  entry  or  defense  made  after  thai  period, 


School  District  Meetings  and  Officers.  113 

and  public  declaration,  or  refers  to  it  in  deeds,  or  maps,  as  a  plot,  or  piece  of 
land  set  apart  for  such  use ;  as  if  a  man  should  lay  out  a  tract  of  land  into 
city  or  ^^llage  lots,  and  mark  some  of  them,  "school  lot,"  "market  lot," 
"church  lot."  {See  Fa.  State  R,p.  444.)  All  that  is  required  is  the  assent  of 
the  owner  of  the  land,  clearly  manifesting  his  purpose  to  make  a  permanent 
appropriation,  and  the  fact  of  its  being  used  for  the  public  purpose  intended  by 
the  appropriation.  {See  6  Eill,  412.) 

If  the  district  has  need  of  more  than  one  site,  the  power  to  designate  is 
qualified,  and  must  be  preceded  by  the  consent  of  the  school  commissioner,  or 
commissioners,  within  which  the  district,  or  districts,  are  situated.  The  pro- 
vision for  more  than  one  site  and  school-house  is  intended  to  obviate  the 
inducements  to  a  division  of  districts.  There  are  great  advantages  in  large 
and  populous  districts ;  and  it  has  alwaj'S  been  the  policy  of  the  department 
to  discourage  their  division,  unless  it  becomes  necessary  on  account  of  the 
great  distance  which  children  are  compelled  to  travel  in  going  to  school.  It 
may  often  be  convenient  to  have  a  school-house  for  very  young  children 
separate  from  that  attended  by  those  more  advanced.  In  cases  of  dissatis- 
faction with  a  teacher,  there  is  the  opportunity  for  parents  to  exercise  a  choice, 
without  the  serious  injury  to  the  course  of  instruction  which  results  from 
withdrawing  their  children  entirely  from  the  public  schools.  It  may  frequently 
be  profitable  to  hire  temporarily  a  building  or  rooms  for  an  additional  school- 
house,  where  there  is  not  such  an  absolute  necessity  for  it  as  would  prompt 
the  trustees  to  exercise  that  power  under  section  50  of  this  title. 

In  answer,  therefore,  to  the  question,  what  title  to  a  site  a  district  must 
have,  in  order  to  require  the  consent  of  the  commissioner  to  the  purchase 
of  an  additional  site,  or  a  change  of  site  requiring  a  meeting  called  by  special 
notice  for  that  purpose,  it  may  be  said :  A  title  in  fee  simple,  or  2,  right  to 
occupy  as  long  as  the  site  is  used  for  school  purposes,  or  as  long  as  a  stipulated 
rent  is  paid  ;  or  a  title  by  adverse  possession,  or  dedication.  In  these  cases  a 
district  may  be  said  to  own  the  site,  which  is  not  true  when  a  site  is  leased 
for  a  yeaj  or  a  term  of  years. 

6.  The  power  of  taxation. — Under  this  head  come  nine  of  the  sixteen  sub- 
divisions of  this  section. 

Sub.  7.  A  tax  to  purchase  or  lease  a  site  and  to  hire,  build,  or  purchase 
Bchool-houses. 

It  is  not  necessary  to  designate  a  site  before  laying  a  tax  to  build  a  school- 
house.  (17  Wend.,  437 ;  3  Denio,  116.)  The  same  rule  will  apply  to  a  tax  for 
the  purchase  of  a  site.  The  inhabitants  may  vote  such  tax  as  they  "  deem 
sufficient,"  and  if,  upon  the  selection  of  a  site  and  the  negotiation  for  its 
purchase,  the  tax  is  found  to  be,  in  fact,  insufficient,  may  vote  a  further  tax. 
If  it  be  found  unnecessarily  large,  they  may  vote  to  refund  the  excess  to  the 
tax  payers  or  appropriate  it  to  any  purpose  for  which  they  have  power  to  lay 
a  tax.  {Com.  School  Bee,  315.)  There  is  no  limitation  to  the  amount  which 
may  be  voted  for  the  purchase  of  a  site,  and  the  expense  of  investigating  the 
title  and  recording  the  deed  may  legitimately  be  included.  The  purcliase 
of  additional  ground  to  enlarge  the  site  is  not  a  change  of  site,  and  does  not 
15 


114  School  Disteict  Meetings  and  Officers. 

require  tlie  vote  of  a  meeting  called  by  special  notice,  uvjr  the  consent  of  the 
school  commissioner.  It  is  not  micommon  for  districts  to  hold  laud  under 
lease,  granting  it  for  a  consideration,  paid  in  advance,  so  long  as  the  same 
shall  be  used  for  the  site  of  a  school-house  or  the  purpose  of  a  district  school. 
It  is  greatly  to  be  preferred  tliat  the  district  should  obtain  an  indefeasible 
estate  in  fee  simple,  and,  whenever  possible,  it  should  be  procured,  and  since 
the  statute  {chap.  800,  Laws  of  1806)  has  authorized  the  compulsory  taking 
of  land  for  sites,  by  right  of  eminent  domain,  there  is  no'  longer  any  necessity 
for  leasing  a  site,  and  it  is  recommended  to  districts,  whenever  they  cannot 
purchase  an  indefeasible  estate  in  fee  simple,  that  they  resort  to  the  law 
which  now  gives  them  power  to  select  in  every  district  the  most  eligible 
situation  for  their  schooi-house. 

In  cases  where  heretofore  land  has  been  leased,  the  question  will  frequently 
arise  as  to  the  right  of  the  district  to  the  school-house  at  the  expiration  of  the 
term  for  which  the  land  is  held.  The  law  is  thus  stated  by  Judge  Harris  (7 
Barb.,  266):  "Any  one  who  has  a  temporary  interest  in  land,  and  who  makes 
additions  to  it  or  improvements  upon  it  for  the  purpose  of  the  better  use  or 
enjoyment  of  it,  while  such  temporary  interest  continues,  may,  at  any  time 
before  his  right  of  enjoyment  ceases,  rightfully  remove  such  additions  and 
improvements.  If  he  omit  to  sever  the  addition  or  improvement  until  his 
right  of  enjoyment  ceases,  such  omission  is  to  be  deemed  an  abandonment  of 
his  xijjht,  and  thereafter  the  addition  or  improvemeut  he  has  made  becomes, 
to  all  intents,  a  part  of  the  inheritance,  arid  the  tenant,  as  well  as  any  other 
person  who  severs  it,  becomes  a  trespasser.  I  think  this  may  now  be  stated  to 
be  the  general  rule  in  respect  to  tistures  which  a  tenant  attaches  to  the  free- 
hold. To  this  extent  has  the  original  rule  of  the  common  law  yielded  to  the 
changed  condition  of  society.  There  may  be  exceptions  to  the  general  rule  I 
have  stated,  but  I  think  they  will  be  found  limited  to  cases  where  the  removal 
of  the  additions  or  improvements  made  by  the  tenant  would  operate  to  the 
prejudice  of  the  inheritance,  by  leaving  it  in  a  worse  condition  than  when  the 
tenant  took  possession." 

A  tax  voted  for  the  purchase  of  a  site  cannot  be  voted  by  installments.  ■ 
While  it  is  no  objection  to  a  tax  that  a  title  has  not  been  acquired,  it  is  the 
duty  of  the  trustees  not  to  part  with  the  money  without  receiving  a  convey- 
ance, and,  in  respect  to  this  duty,  a  question  frequently  arises  about  incum- 
brances by  way  of  mortgage.  The  vote  appropriating  money  for  the  purchase 
of  a  site  is  to  be  construed  as  limiting  the  amount  the  district  can  at  any  time 
be  called  upon  to  pay  for  it,  and  tln^-efore  implies  (unless  the  contrary  expressly 
appears)  a  title  free  from  any  incumbrance.  Where  a  portion  of  a  tract  subject 
to  mortgage  is  purchased,  the  rule  of  law  is  that  iipon  a  foreclosure  the  land 
remaining  the  property  of  the  mortgagor  shall  be  first  sold,  and  if  that  prove 
insufficient  to  satisfy  the  mortgage,  then  that  which  he  has  conveyed  is  to  bo 
sold  in  the  inverse  order  of  alienation  ;  that  is  to  say,  that  which  he  conveyed 
latest  is  be  sold  first.  It  may  frequently  happen  that  the  district  will  have 
ample  security,  in  the  land  retained  by  the  person  from  whom  it  derives  titlo 
to  a  site,  for  its  indemnity  against  a  mortgage,  and  that  the  existence  of  a 


School  District  Meetings  and  Officers.  115 

mortgage,  covering  land  greatly  exceeding  in  value  the  amount  Recured 
thereby,  will  be  but  a  nominal  incumbrance  and  no  serious  olijcction  to  tho 
title.  If  this  be  clear,  however,  there  will  ordinarily  be  little  difficulty  in 
procuiing  from  the  holder  of  the  mortgage  a  relea*:e  of  the  site  from 
its  lien.  If  the  trustees  fail  in  obtaining  it,  they  will  be  justified  in  requiring 
an  express  vote  of  the  district,  after  laying  the  facts  before  a  meeting,  before 
paying  for  tho  site  or  making  any  expenditure  or  contract  for  building 
upon  it. 

In  regard  to  the  power  to  vote  a  tax  for  a  school-house,  the  question  sometimes 
arises  how  far  it  is  permissible  that  the  house  should  be  connected  with  other 
erections  made  for  different  purposes,  and  subject  to  other  control  than  that  of 
the  district.  It  is  held  that  there  can  be  no  partnership  in  the  erection  of  a 
school-house  Avhich  will  prevent  the  district  from  controlling  it  entirely  for  the 
purpose  of  a  district  school,  and  that  a  tax  cannot  be  voted  for  a  building  for 
joint  use,  as  a  church  and  school  house  or  an  academy  and  school-house.  {Com. 
School  Dec,  201,  290.)  It  is  not  essential,  however,  to  constitute  a  house,  that 
it  should  include  the  whole  of  the  building  in  which  it  is  contained.  Apart- 
ments, with  an  outer  door  to  each,  and  ha'sang  no  communication  with  each 
other,  are  considered  as  distinct  houses,  though  they  originally  made  but  one. 
(6  Mod.  R.,  214.)  In  6  Mete,  510,  the  supreme  court  of  Massachusetts  held  that 
"  if,  under  color  of  this  corporate  power  of  a  district,  the  district  should  vote  to 
erect  an  expensive  and  ornamental  building,  with  a  view  to  improve  the  neigh- 
borhood, to  enhance  the  value  of  real  estate,  to  accommodate  societies,  lectur- 
ers, dramatic  exhibitions,  or  even  to  have  a  convenient  place  for  religious 
meetings  or  public  worship,  or  for  any  other  use  than  that  of  a  district  school, 
it  would  not  be  within  the  legitimate  authority  of  a  school  district,  and  any 
vote  to  levy  a  tax  on  the  inhabitants  for  such  purpose  would  be  void."  In  that 
very  case,  however,  the  court  sustained  a  tax  of  ijpljTOO,  voted  with  liberty  to 
certain  persons  "to  build  a  hall  over  the  school-house,  with  the  privilege  of  an 
entrance  and  stair-way  in  the  front  entry  of  said  house,  in  consideration  that 
the  district  may  have  the  use  of  said  hall,  free  of  charge,  for  all  school  district 
meetings,  for  all  examinations  of  its  schools,  and  for  the  delivery  of  lectui'es 
on  the  subject  of  education,  no  public  meeting  being  held  in  said  hall  during 
the  usual  school  hours  unless  by  consent  of  the  prudential  committee  of  the 
district,  and  the  proprietors  of  said  hall  insuring  the  whole  building."  In  1 
Mttc,  541,  it  was  held  that  tenements  are  as  essentially  distinct  when  one  is 
under  the  other,  as  where  one  is  by  the  side  of  the  other ;  and  in  4  Mass.  B., 
57G,  the  court  say  that  "  in  legal  contemplation,  each  of  the  parties  has  a  dis- 
tinct dwolling-houso,  adjoining  togctlier,  the  one  being  situated  over  the  other. 
Tlie  lower  room  and  the  cellar  are  the  dwelling-house  of  the  defendant ;  the 
chamber,  roof  and  other  parts  of  the  edifice  are  the  plaintiff's  dwelling-house." 
{See  also  10  Conn.  J?.,  318.) 

While  it  is  very  desirable  that  every  district  should  own  an  ample  and  com- 
modious school-house,  entirely  separate  from  every  other  building,  it  sometimes 
happens  in  feeble  districts  that  the  scantiness  of  their  means  renders  it  necessary 
to  consult  economy  by  uniting  with  a  religious  society  or  other  association  in 


116  School  District  Meetings  and  Officers. 

erecting  two  houses  under  the  same  roof  ;  the  upper  story,  for  example,  being 
a  church  or  town  hall,  while  the  lower  is  a  school-house. 

No  legal  objection  is  conceived  to  exist  to  such  an  arrangement,  provided 
the  district  secures,  by  proper  covenants :  First,  The  undivided  control  at  all 
times  of  the  school-rooms  and  of  the  doors  and  passages  affording  access  thereto. 
Second,  That  the  other  rooms  shall  not  be  used  at  any  time  during  school 
hours  for  an  assemblage  or  purpose  which  can  distract  the  attention  of  pupils, 
or  interfere,  by  noise  or  otherwise,  with  their  instruction.  Third,  That  the 
parties  using  the  other  rooms  shall  pay  the  whole,  or  a  definite  proportion,  of 
the  expense  of  such  repairs  upon  those  rooms,  or  the  roof  or  other  parts  of  the 
building,  as  the  district  shall,  from  time  to  time,  deem  necessary  for  maintaining 
the  school-house  in  good  condition  and  protecting  it  from  injury  by  leakage  or 
otherwise.  Fourth,  That  those  parties  shall  pay  the  expense  of  any  insurance 
necessary  to  protect  the  district  from  the  increased'  risk  of  fire,  caused  by  any 
use  to  which  the  other  parts  of  the  building  may  be  put.  The  best  mode  to 
secure  the  performance  of  these  covenants  is  for  the  district  to  insert  them  as  a 
condition,  in  a  lease  of  the  rooms,  to  be  executed  by  the  trustees — the  district 
retaining  the  general  title  to  the  site  and  every  thing  upon  it — and  the  lease 
to  terminate  upon  a  breach  of  any  of  the  conditions,  besides  authorizing,  in 
express  terms,  the  trustees  to  recover  any  damages  the  district  may  sustain  by 
a  failure  to  perform  any  of  the  conditions.  It  should  also  contain  an  express 
proWsion  that  whenever  a  district  meeting  shall  determine  that  the  residue  of 
the  building  is  needed  for  school  purposes,  the  same  shall  become  its  property 
upon  payment  of  the  then  appraised  value  of  the  labor  and  materials  used  in 
its  construction. 

A  fence,  separate  privies  for  the  two  sexes,  wood-house,  stoves,  stovepipe  and 
bell  have  been  held  to  be  necessary  appendages  to  a  school-house,  or  rather 
that  it  is  within  the  discretion  of  a  district  meeting  to  adjudge  them  such  and 
vote  a  tax  therefor. 

Sub.  8.  A  tax  for  maps,  globes,  blackboards  and  other  school  apparatus,  and 
for  the  purchase  of  text-books  and  other  school  necessaries  for  the  use  of  poor 
scholars  of  the  district,  not  exceeding  $25. 

The  principal  facts  in  geography  are  learned  better  by  the  eye  than  in  any 
other  manner,  and  there  ought  to  be  in  every  school-room  a  map  of  the  world, 
of  the  United  States,  of  this  State  and  of  the  county.  Globes,  also,  are  desira- 
ble. Large  blackboards,  in  frames  or  plaster,  are  indispensable  to  a  well  con 
ducted  school.  The  ojicrations  in  arithmetic  performed  on  them  enable  the 
teacher  to  ascertain  the  degree  of  the  pupils'  acquirements  better  than  any 
result  exhibited  on  slates.  He  sees  the  various  steps  taken  by  the  scholar,  and 
can  require  him  to  give  the  reason  for  each.  It  is  in  fact  an  exercise  for  tho 
entire  class ;  and  the  whole  school,  by  this  public  process,  insensibly  acquires 
a  knowledge  of  the  rules  and  operations  in  this  branch  of  study. 

Cards,  containing  the  letters  of  the  alphabet  or  words,  may  be  usefully  hung 
tip  in  the  room.  Indeed,  the  whole  school  apparatus  now  provided  by  respect- 
able dealers  is  eminently  calculated  to  facilitate  the  acquisition  of  knowledge 
and  to  render  it  asfrecable. 


School  District  Meetings  and  Officers.  117 

There  is  some  difficulty  in  limiting  definitively  tlie  meaning  of  the  words, 
Bchool  apparatus.  Few  would  hesitate  to  admit  that  a  copy  of  any  good  dic- 
tionary, or  an  atlas  for  reference  by  teacher  and  pupils,  came  fairly  within  the 
intent  of  the  statute.  If  the  inhabitants  should  deem  it  proper  to  furnish,  by 
tax,  text-books  to  bo  used  by  tlie  pupils  in  school,  the  statute  gives  them  a 
reasonable  discretion.  A  change  in  text-books  is  a  heavy  charge  upon  the  poor, 
and  the  district  would  act  in  the  spirit  of  this  law  by  voting  at  every  annual 
meeting  a  sum.  of  money  to  be  used  by  the  trustees  in  the  pui-chase  of  text- 
books for  poor  scholars. 

Sub.  9.  It  is  believed  that  tlie  loss  and  decay  of  the  district  libraries  have 
been  greatly  owing  to  the  neglect  of  the  district  to  purchase  suitable  book- 
cases. Ten  dollars  a  year  would  be  a  small  sum  for  any  district  to  expend  for 
good  books.  If  this  sum  had  been  added  to  the  library  money  annually  dis- 
tributed since  1838,  every  district  in  the  State  would  have  had  a  good  collection 
of  books.  It  may  be  safely  asserted  that  the  family,  the  neighborhood,  the 
village,  or  the  city  that  has  access,  daily,  and  constantly,  to  a  good  library,  wUI 
exceed  those  denied  such  privilege,  in  education,  intelligence,  and  morals. 

Subs.  10  and  15.  If  the  power  granted  in  subdivision  15  to  raise  twenty-five 
dollars,  for  anticipated  deficiencies  and  contingencies,  be  annually  used,  it  will 
be  hardly  ever  necessary  to  exercise  that  given  in  subdivision  10. 

Sub.  11.  School-houses  should  always  be  insured  to  an  amount  equal  to  two- 
thirds  of  their  value.  The  insurance  must  be  in  companies  incorporated  by  or 
under  the  laws  of  this  State. 

Sub.  13.  To  vote  a  tax  for  the  purchase  of  a  book  for  the  purpose  of  recording 
the  proceedings  of  their  respective  districts.  The  importance  of  full  and  exact 
records  of  district  proceedings  cannot  well  be  exaggerated.  They  ought  to  be 
so  kept  as  to  show  upon  their  face  every  fact  of  which  it  might  be  necessary 
to  give  evidence  in  a  suit  at  law,  in  order  to  establish  the  validity  of  every 
resolution  adopted.  For  example,  the  order  of  the  trustees  for  calling  a  meet- 
ing, the  return  of  the  clerk  showing  upon  whom  and  in  what  manner  he  had 
served  notice,  the  consent  of  the  school  commissioner  or  supervisor  when 
required  to  authorize  a  proceeding,  might  much  better  be  engrossed  in  the 
book  of  records,  in  the  first  instance,  than  left  to  rest  upon  the  uncertain 
custody  of  loose  pieces  of  paper.  It  may  be  necessary  to  prove  the  facts  at  a 
remote  period  of  time  ;  and  the  way  to  avoid  controversy  in  respect  to  them  is 
always  to  act  upon  the  presumption  that  controversy  will  arise,  and  to  prepare 
the  evidence,  in  advance,  to  meet  it.  The  habit  of  doing  this  will  of  itself  do 
much  to  preclude  all  opportunity  for  cavil. 

It  is  always  desirable  that  the  records  should  show  who  were  present  and 
took  part  in  the  proceedings  of  each  meeting.  For  this  purpose  the  orderly 
method  of  proceeding  would  be  for  the  clerk  (or  person  officiating  as  such), 
immediately  after  the  organization  of  the  meeting,  to  read  the  order  under 
wliich  it  was  called,  and  the  list  from  his  return  of  the  persons  on  whom  he 
served  notice,  requesting  each  one  present  to  answer  as  his  name  is  read ; 
noting,  upon  the  minutes :  "  On  reading  the  clerk's  return  of  the  inhabitants 
on  whom  he  had  served  notice,  the  follo%ving  were  found  to  be  present,  viz. : 


118  School  District  Meetings  and  Officers. 

Abraham  Jackson,  Abraham  Jackson,  Jr.,  etc."  At  an  annual  meeting,  for 
■which  no  personal  service  of  notice  is  necessary,  the  clerk  could  call  the  roll 
from  a  list  of  the  inhabitants  alphabetically  arranged.  In  either  case  ho 
ehould  note  on  the  minutes  the  presence  of  every  voter,  although  no  notice  had 
been  served  upon  him. 

If  any  person  offering  to  vote  is  challenged,  the  fact  should  be  noted  in  the 
minutes,  and  also  whether  he  made  or  declined  making  the  declaration 
required  by  law.  This  is  important,  because  no  person  will  be  permitted  to 
question  the  proceedings  of  a  meeting  on  the  ground  of  the  illegality  of  a 
vote,  if  he  stood  by  and  saw  it  offered  without  objection,  unless  he  shows  him- 
Belf  to  have  been  ignorant  of  the  facts  which  Avould  have  required  him  to 
object.  Nor  will  the  illegality  of  the  vote  be  regarded  unless  it  affected  the 
result,  and,  therefore,  it  is  highly  desirable  that  the  minutes  should  show  how 
each  person  voted  on  each  proposition  submitted  to  the  meeting.  The  Chris- 
tian names  of  the  voters  should  be  given,  and  not  merely  their  initials. 

It  is  proper,  but  not  legally  necessary,  that  the  minutes  should  be  read  over 
to  the  meeting,  for  its  approval  or  correction,  if  need  be,  before  the  adjourn- 
ment. In  order  to  enable  the  clerk  to  do  this,  all  resolutions  should  be  reduced 
to  writing  before  the  question  upon  them  is  taken. 

As  the  cost  of  a  little  paper  is  of  the  most  trifling  consequence  in  compari- 
son Avith  the  advantages  of  haxiug  a  neat  and  accurate  history  of  district 
proceedings  in  a  shape  for  .convenient  consultation,  it  would  be  well  for  each 
district  to  provide  a  book  of  records,  of  at  least  foolscap  size,  firmly  bound, 
and  with  a  sufficient  number  of  pages  to  contain  ample  records  for  a  series  of 
years. 

Sub.  14.  Moneys  lost  and  embezzled  by  district  officers  are  recoverable,  ir 
the  first  place  from  such  officers,  and  secondly  from  their  bail.  But  before  it 
would  be  possible  in  a  suit  at  law  to  regain  the  money  so  embezzled,  or  lost, 
the  district  may  be  required  to  pay  debts,  and  liabilities  that  cannot  be  post- 
poned— hence  the  propriety  of  this  provision. 

What  are  reasonable  expenses  must  be  left  to  the  judgment  of  the  trustees 
and  the  discretion  of  the  inhabitants.  A  bill  of  expenses  should  always  bo 
kept  and  presented  by  district  officers,  or  the  district  might  reasonably  refuse 
to  pay. 

Sub.  1G.  The  deficiency  heretofore  made  up  by  a  rate  bill  must  hereafter  be 
supplied  by  a  tax.  The  increase  of  the  State  tax  will  enable  many  districts, 
and  it  is  hoped  a  majority  of  them,  to  keep  a  school  twenty-eight  weeks, 
without  a  resort  to  district  taxation.  The  law  does  not  specify  the  time  when 
this  deficiency  shall  be  provided  for.  The  better  course  in  all  the  districts  in  the 
State  will  be  to  vote  a  tax  for  the  several  purposes  named  in  the  eighth,  ninth, 
tenth,  eleventh,  thirteenth,  fifteenth  and  sixteenth  subdivisions,  at  the  annual 
meeting.  A  single  resolution  reciting  the  amount  to  be  raised  for  each  purpose 
would  be  sufficient.  The  whole  could  then  be  collected  in  one  tax  list,  and  by 
one  warrant.  * 

There  is  another  reason  why  the  meeting  should  provide  beforehand  for  this 
deficiency.     It  will  be  small  in  most  districts  but  the  amount  will  be  necessary 


School  District  Meetings  and  Officers;  119 

to  enable  the  trustees  to  pay  the  teachers  in  full  at  the  close  of  their  school. 
The  delay  and  expense  to  which  teachers  have  been  subjected  in  getting  their 
wages  liave  been  the  crying  evil  of  our  school  system.  So  long  as  the  wages 
of  a  teacher  were  to  be  assessed  upon  the  patrons  of  the  school  in  proportion  to 
tlie  attendance  of  their  children,  it  was  impossible  to  determine  how  much  each 
patron  would  be  required  to  pay,  until  the  close  of  the  school,  for  the  rate  bill 
could  not  be  made  out  until  the  teacher's  daily  register  was  complete  for  the 
whole  term.  But  now  the  trustees  can  tell  within  a  few  dollars  how  much 
their  school  will  cost,  and  the  money  may  better  be  voted  at  the  annual  meet-  . 
ing  than  to  wait  until  the  close  of  each  term. 

The  law  makes  it  the  duty  of  the  trustees  to  hire  a  teacher,  and  keep  a  school 
for  twenty-eight  weeks,  and  if  the  inhabitants  neglect,  or  refuse  to  vote  a  tax, 
the  trustees  are  empowered  by  this  subdivision  to  raise  "any  reasonable 
tax  necessary  to  pay  the  balance  of  teachers'  wages  remaining  unpaid."  The 
wiser  course,  therefore,  will  be  for  the  district  at  the  annual  meeting  to  provido 
for  all  the  reasonable  expenses  for  the  year. 

Where  a  tax  is  voted  by  the  inhabitants  for  any  purpose,  the  specific  amoun'.; 
of  the  tax  and  the  particular  purpose  for  which  it  is  designed  should  be  fully 
and  clearly  stated.  And  where  several  objects  of  expenditure  are  to  be  pro\ided 
for,  the  amount  to  be  raised  for  each  should  be  expressed  in  the  resolution 
in  order  that  the  district  and  the  trustees  may  know  the  precise  extent  ot 
their  liability  and  the  mode  of  its  application.  There  may  be  cases,  however, 
where  the  necessary  amoimt  to  be  raised  cannot  be  ascertained  with  any 
a]  >p roach  to  accuracy,  and  in  such  cases  the  district  may  direct  the  performance 
of  specific  acts  by  the  trustees,  or  authorize  them  to  incur  such  expenses  as  may 
be  necessary  to  the  accomplishment  of  a  particular  object  to  be  specified,  and 
the  trustees  are  then  authorized  by  section  51,  of  this  title,  to  raise  such  amount 
by  tax  upon  the  district,  in  the  same  manner  as  if  the  definite  sum  to  be  raised 
had  been  voted.  This  provision  was  held  in  4  Dmio,  248,  to  cover  a  case  where 
the  trustees  were  directed  to  build  a  house  of  specified  dimensions  and  to  let 
the  job  of  building  to  the  losvest  bidder,  Avhich  had  the  eticct  of  restricting  the 
expense  to  a  less  sum  than  four  hundred  dollars  ;  and  the  court  say  that  "  if 
the  district  had  left  the  whole  to  the  discretion  of  the  trustees,  and  they  had 
kept  within  the  four  hundred  dollars,  the  act  would  have  authorized  the  raising 
of  the  money."  {See  also  5  Hill,  44)  It  was  held  by  Superintendent  Young 
that  the  inhabitants  of  a  district  may  legally  vote  a  tax  to  enlarge  their  school- 
house,  notwithstanding  it  may  already  have  cost  $400,  without  a  certificate 
from  the  town  superintendent.  This  general  delegation  of  authority  should, 
however,  be  resorted  to  only  in  cases  of  necessity. 

It  was  held  (24  Wend.,  26G)  that  the  direction  in  the  vote  of  a  tax  for  repairs, 
that  the  collection  was  to  bo  postponed  until  the  repairs  were  done,  did  not 
invalidate  the  resolution  or  the  tax,  the  tax  list  being  made  out  thirty  days  after 
tlie  vote. 

Sui5.  12.  The  power  to  alter^  repeal  and  modify  their  proceedings  from  time  to  time, 
as  occasion  may  require. — The  power  to  repeal  procedings  must  be  exerted 
before  they  have  been  carried  into  effect,  so  that  other  parties  have  acquired 


120  School  District  Meetings  and  Officeks 

rights  or  incurred  responsibilities  under  them.  Thus,  where  a  tax  list  and 
warrant  had  been  made  out  but  not  delivered  to  the  collector,  the  inhabitants 
were  held  to  have  the  power  to  rescind  the  vote  imposing  the  tax  (4  Hill,  109), 
but  not  where  the  greater  part  had  been  collected  (4  Barb.,  25).  Where  trus- 
tees have  made  a  contract  under  the  authority  of  the  district,  it  is  in  eflFect  the 
contract  of  the  district,  and  it  is  beyond  its  power  to  rescind  the  contract  by 
repealing  the  resolution  in  pursuance  of  which  it  was  made.  A  full  release  of 
damages  from  all  persons  having  acquired  any  right  of  action,  or  the  restora- 
tion of  things  to  the  same  condition  as  they  were  in  when  a  resolution  was 
passed,  might  give  the  district  the  right  to  repeal  or  modify  it. 

Any  resolution  directly  or  necessarily  repugnant  to  a  previous  one  repeals  it ; 
and  the  rule  in  relation  to  statutes  is  laid  down  (3  Uow.,  U.  S.  R.,  636),  that  if  a 
Fubsequent  statute  be  not  repugnant  in  all  its  provisions  to  a  prior  one,  yet  if 
the  latter  statute  was  clearly  intended  to  prescribe  the  only  rule  that  should 
govern  in  the  case  provided  for,  it  repeals  the  prior  one.  As  repeals  by  impli- 
cation are  not  favored  by  the  courts,  it  is  advisable  that  a  resolution  should  be 
repealed  in  express  terms,  where  such  is  the  intention.  Wlien  this  is  proposed 
at  the  same  meeting  (including  adjourned  sessions  thereof)  at  which  the  reso- 
lution was  passed,  it  is  usually  by  a  motion  for  reconsideration.  The  general 
parliamentary  rule  is,  that  the  motion  to  reconsider  can  only  be  made  by  a  per- 
son who  voted  with  the  successful  side  upon  the  question  to  be  reconsidered. 
The  reason  of  the  rule  is,  that  but  for  it  the  members  in  the  minority  might 
exhaust  the  time  of  the  meeting  fruitlessly ;  for  it  is  to  be  presumed  that  the 
vote  will  be  the  same,  unless  the  contrary  is  shown  by  some  person  who  voted 
with  the  majority  indicating  a  change  of  mind.  It  has  been  held  that  this  rule 
does  not  prevail  in  a  district  meeting  unless  the  meeting  adopts  it.  In  that 
case  the  majority  of  the  meeting  chose  to  disregard  it.  Nevertheless  it  is  a  very 
proper  rule  of  order  to  be  applied  by  the  chairman,  subject  to  a  reversal  on  an 
appeal  to  the  meeting  from  his  decision ;  when,  if  a  majority  wish  to  recon- 
sider, they  can  indicate  it  by  overruling  him.  If  a  motion  to  reconsider  is  car- 
ried, the  resolution  to  which  it  relates  is  open  to  amendment,  and,  if  not  again 
passed  in  its  original  or  an  amended  form,  is  rejected.  If,  -nithout  taking  the 
question  on  the  original  resolution  a  second  time,  the  meeting  separates  for  an 
adjourned  session,  it  may  then  be  called  up  and  adopted  or  rejected. 

The  unqualified  repeal  of  a  repealing  statute  revives  the  original  enactment. 
This  rule  was  applied,  in  2  Denio,  233,  to  a  vote  on  the  5th  December,  repeal- 
ing a  vote  of  November  25th,  which  latter  repealed  the  vote  for  a  tax,  passed 
October  7th,  and  it  was  held  that  the  vote  for  a  tax  was  renewed  on  the  5th 
December,  though  a  tax  list  made  out  iinder  the  original  vote  fell  to  the 
ground,  and  a  new  one  was  required  to  be  made  after  December  5th. 

It  is  obvious  that  the  meeting  cannot  do,  under  the  form  of  reconsidering  or 
modifying  a  former  proceeding,  what  it  could  not  do  directly ;  and  therefore, 
though  it  may  rescind  a  resolution  designalkig  or  changing  a  site,  it  cannot 
adopt  a  new  one,  unless  it  was  called,  or  be  an  adjourned  meeting  which  was 
called,  by  a  special  notice  for  that  purpose. 


School  District  Meetings  and  Officers.  121 

SECOND  ARTICLE. 
Of  district  school-houses  and  sites. 

§  17.  No  scliool-house  shall  be  built  so  as  to  stand,  in  wliole  or 
in  part,  upon  the  division  line  of  any  two  towns. 

§  18.  No  tax  voted  by  a  district  meeting  for  building,  hiring 
or  purchasing  a  school-house,  exceeding  the  sum  of  one  thousand 
dollars,  shall  be  levied  by  the  trustees,  unless  the  commissioner, 
in  whose  district  the  school-house  of  said  district  is  situated,  shall 
certify,  in  writing,  liis  approval  of  such  larger  sum. 

It  is  the  tax  that  is  limited  to  §1,000,  not  the  e^p?nse  of  buildinjir  Ihe  house, 
which  may  include,  in  addition,  the  avails  of  the  sale  of  the  former  house  and 
site.  If,  after  the  expenditure  of  $1,000  in  building  the  house,  the  tax  is 
found  insufficient  to  finish  it,  the  commissioner  may  certify  that  the  further 
sum  necessary,  specifying  it,  ought  to  be  raised,  and  the  inhabitants  may  vote 
a  tax  for  the  amount  so  certified.  {Com.  School  Dec,  258.)  If  this  additional 
amount  prove  insufficient,  the  commissioner  may  again  certify  and  the  inhab- 
itants vote  a  further  tax.  {Id.,  340.) 

The  commissioner  whose  certificate  is  to  be  obtained  is  the  one  having 
jurisdiction  of  the  town  in  which  the  school-house  is  to  be  erected.  The  law 
forbids  the  division  of  a  town  in  forming  an  Assembly  district  or  in  dividing 
a  county  into  school  commissioners'  sections.  Section  17  of  this  title  also 
provides  that  "  no  school-house  shall  be  erected  so  as  to  stand  on  the  di\ision 
line  of  any  two  to^^iis." 

The  limitation  of  this  section  applies  only  to  the  school-house.  The  amount 
of  tax  wliich  may  be  voted  for  purchase  or  lease  of  site,  and  for  repairs, 
furniture,  fuel  and  appendages,  is  left  wholly  to  the  discretion  of  the  district. 

§  19.  Whenever  the  majority  of  all  the  inhabitants  of  any  school 
district  entitled  to  vote,  to  be  ascertained  by  taking  and  recording 
the  ayes  and  noes  of  such  inhabitants  attending  at  any  annual, 
special  or  adjourned  school  district  meeting,  legally  called  or  held, 
shall  determine  that  the  sum  proposed  and  provided  for  in  the 
next  preceding  section  shall  be  raised  by  installments,  it  shall  be 
the  duty  of  the  trustees  of  such  district,  and  they  are  hereby 
authorized,  to  cause  the  same  to  be  raised,  levied  and  collected  in 
equal  installments,  in  the  same  manner  and  Avith  the  like  authority 
that  other  school  district  taxes  are  raised,  levied  and  collected,  and 
to  make  out  their  tax  list  and  warrant  for  the  collection  of  such 
mstalhnents,  with  interest  thereon  as  they  become  payable,  accord- 
ing to  the  vote  of  the  said  inhabitants ;  but  the  payment  or  col- 
16 


122  School  District  Meetings  and  Officers. 

lection  of  the  last  installment  shall  not  be  extended  beyond  five 
years  from  the  time  such  vote  was  taken ;  and  no  vote  to  levy  any 
such  tax  shall  be  reconsidered  except  at  an  adjourned,  general  or 
special  meeting,  to  be  held  within  thirty  days  thereafter,  and  the 
same  majority  shall  be  required  for  reconsideration  that  was  had 
to  impose  such  tax. 

No  other  tax  can  be  raised  by  installments  under  tliis  section  than  one  for 
building,  hiring  or  purchasing  a  school-house,  and  in  that  case  only  when  it 
exceeds  $1,000.  The  installments  must  be  equal,  and  cannot  be  distributed  in 
unequal  amounts.  A  majority  of  the  voters  present  may  (with  the  certificate  of 
the  commissioner)  lay  the  tax  to  be  collected  immediately,  but  it  is  required 
that  they  shoiUd  also  constitute  a  majority  of  the  inhahiiants  entitled  to  vote 
attending  for  the  purpose  of  directing  the  manner  of  its  collection  by  install- 
ments. 

The  general  practice  has  been,  and  it  is  believed  to  accord  best  with  the 
intent  of  the  statute,  for  the  trustees  to  make  out  their  tax  list  for  the  first 
installment  upon  the  taxable  property  as  it  then  exists,  and  for  their  successors 
to  make  separate  tax  lists  thereafter  upon  the  taxable  property  as  it  exists  at 
the  time  the  installments  respectively  become  payable.  Persons  may  thus 
bacome  subject  to  the  tax  who  had  no  means  of  resisting  its  imposition ;  but 
the  erection  of  a  school-house  is  to  be  regarded  as  a  peraianent  benefit  to  the 
district,  and  they  voluntarily  assume  the  burden  of  paying  for  it  by  becoming 
inhabitants.  It  would  seem  necessary  that  the  warrant  for  the  collection  of 
the  last  installment  should  be  returnable  within  five  years  from  the  time 
of  taking  the  vote,  and  therefore  that  the  tax  list  for  it  should  be  made  out  at 
least  thirty  days  before  that  time. 

The  installments  may  be  semi-annual,  annual,  or  biennial,  or  at  whatever 
intervals  the  meeting  may  detennine.  In  levying  the  tax  for  the  payment  of 
each  installment,  as  it  falls  due,  the  trustees  are  authorized  to  add  the  interest 
due  on  it. 

§  20.  So  long  as  a  district  shall  remain  unaltered,  the  site  of  a 
school-house  owned  by  it,  upon  which  there  is  a  school-house 
erected  or  in  process  of  erection,  shall  not  be  changed,  nor  such 
school-house  be  removed, 'unless  by  the  consent,  in  Avriting,  of  the 
supervisor  or  supervisors  of  the  town  or  towns  within  which  such 
district  shall  be  situated,  stating  that,  in  his  or  their  0])inion, 
such  removal  is  necessary ;  nor  with  such  consent,  unless  a 
majority  of  all  the  legal  voters  of  said  district,  present  and 
voting,  to  be  ascertained  by  taking  and  recording  the  ayes  and 
noes,  at  a  special  meeting  called  for  that  purpose,  shall  be  in 
favor  of  such  new  site. 


School  District  Meetings  and  Officers.  123 

Any  alteration  of  the  territory  of  the  district,  however  trifling,  made  sub- 
sequent to  the  building  or  purchase  of  a  school-house,  dispenses  with  the 
necessity  of  the  consent  of  the  supervisor  to  authorize  a  district  meeting  to 
change  the  site  of  that  school-house,  but  no  change  of  the  inhabitants  consti- 
tutes an  alteration  unless  accompanied  by  a  change  of  boundaries. 

The  site  may  be  changed,  so  far  as  the  prohibition  of  this  section  affects 
the  question,  at  any  time  before  a  school-house  standing  thereon  shall  have 
been  built  or  purchased.  But  after  the  site  has  been  purchased,  or  the  trustees 
have  made  themselves  legally  responsible  by  a  valid  contract  to  purchase  it, 
in  pursuance  of  a  resolution  of  the  district,  it  becomes  an  established  site,  so 
that  the  resolution  cannot  be  rescinded,  under  the  general  principle  that  a 
resolution  wliich  has  been  executed  cannot  be  revoked  to  the  prejudice  of  those 
who  have  acquired  rights  under  it.  {Com.  School  Dec ,  182.) 

If  the  title  to  a  site  fails,  the  designation  of  a  new  one  is  not  to  be  regarded 
as  a  change  of  site.  The  resolution  in  such  case  should  recite  the  fact  that 
the  district  is  destitute  of  a  site,  in  consequence  of  its  title  to  one  formerly 
occupied  having  failed  by  the  termination  of  a  lease,  judgment  in  an  action 
of  ejectment,  or  whatever  other  circumstance  may  have  brought  it  to  an  end. 

The  majority  requisite  to  a  change  of  site  is  a  majority  of  those  present  and 
voting,  as  ascertained  by  taking  and  recording  the  ayes  and  noes  at  a  special 
meeting  called  for  that  purpose.  A  district  meeting  may  pass  a  resolution  to 
change  the  site  without  ha\ang  obtained  the  supervisor's  consent ;  but  such 
resolution  cannot  be  carried  into  effect  until  his  consent  has  been  given.  ■ 

It  is  not  enough  for  him  to  consent  to  a  removal.  He  must  certify  to  the 
necessity  of  the  change. 

In  a  district  composed  of  parts  of  two  towns,  both  the  supervisors  must 
unite  in  the  certificate  ;  if  composed  of  three  or  more,  the  case  comes  under  the 
provision  of  section  27,  title  17,  chapter  8,  part  3,  of  the  Revised  Statutes : 
"  Whenever  any  power,  authority  or  duty  is  confided  by  law  to  three  or  more 
persons,  and  whenever  three  or  more  persons  are  authorized  or  required  by 
law  to  perform  any  act,  such  act  may  be  done,  and  such  power,  authority  or 
duty  may  be  exercised  and  performed  by  a  majority  of  such  persons  or  officers, 
upon  a  meeting  of  all  the  persons  or  officers  so  intrusted  or  empowered,  imless 
special  provision  is  otherwise  made." 

The  act  in  this  case  being  of  a  judicial  character,  all  must  meet  and  confer, 
but  a  majority  may  decide.     The  certificate  should  state  that  all  met. 

§  21.  Whenever  the  site  of  a,  school-house  shall  have  been 
changed,  as  herein  provided,  the  inhabitants  of  a  district  entitled 
to  vote,  lawfully  assembled  at  any  district  meeting,  shall  have 
power,  by  a  majority  of  the  votes  of  those  present,  to  direct  the 
Bale  of  the  former  site  or  lot,  and  the  buildings  thereon  and 
appurtenances,  or  any  part  thereof,  at  such  price  and  upon  such 
terms  as  they  shall  deem  proper ;  and  any  deed  duly  executed  by 
the  trustees  of  such  district,  or  a  majority  of  them,  in  pursuance 


124  School  District  Meetings  and  Officers. 

of  such  direction,  shall  be  valid  and  effectixal  to  pass  all  the  estate 
or  interest  of  such  school  district  in  the  jjremises,  and  when  a 
credit  shall  be  directed  to  be  given  upon  such  sale  for  the  con- 
sideration money,  or  any  part  thereof,  the  trustees  are  hereby 
authorized  to  take  in  their  corporate  name  such  security,  by  bond 
and  mortgage  or  otherwise,  for  the  payment  thereof,  as  they  shall 
deem  best,  and  shall  hold  the  same  as  a  corporation,  and  account 
therefor,  to  their  successors  in  office  and  to  the  district,  in  the 
manner  they  are  now  required  by  law  to  account  for  moneys 
received  by  them ;  and  the  trustees  of  any  such  district  for  the 
time  being  may,  in  their  name  of  office,  sue  for  and  recover 
the  moneys  due  and  unpaid  upon  any  secui'ity  so  taken  by  them 
or  their  predecessors. 

Neither  the  trustees  nor  the  inhabitants  have  any  power  to  sell  land  belong- 
ing to  the  district,  unless  it  be  the  site  of  a  school-house,  for  wliich  a  new  one 
has  been  substituted 

If  any  credit  is  to  be  given  upon  the  sale,  the  inhabitants  in  district  meetings 
should,  by  resolution,  specify  the  exact  terms  thereof,  and  should  also  fix  the 
lowest  price  to  be  accepted.  When  a  bond  and  mortgage  are  executed,  they 
should  run,  to  "  A.  B.,  C.  D.  and  E.  F.,  trustees  of  school  district  No.  , 

in  the  town  of  ,  and  their  successors  in  office  or  assigns." 

The  trustees  become  personally  resjionsible  to  the  district  for  the  amount 
bid  at  the  sale  as  for  so  much  cash  received,  unless  they  take  a  bond  and 
mortgage  or  some  other  security.  This  implies  some  pledge  or  obligation 
collateral  and  in  addition  to  the  personal  responsibility  of  the  purchaser,  such 
as  the  signature  of  a  solvent  indorser  or  surety  to  a  promissory  note,  in  accept- 
ing which  they  are  responsible  for  the  same  care  which  a  prudent  person 
would  exercise  in  taking  security  for  a  debt  due  to  himself. 

§  22.  All  moneys  arising  from  any  sale  made  in  pursuance  of  the 
last  preceding  section,  shall  be  applied  to  the  expenses  incurred  in 
procuring  a  new  site,  and  in  removing  or  erecting  thereon  a 
school-house,  and  improving  and  furnishing  such  site  and  house, 
and  their  appendages,  so  far  as  such  application  shall  be  necessary ; 
and  the  surplus,  if  any,  shall  be  devoted  to  the  purchase  of  school 
apparatus  and  the  support  of  the  school,  as  the  inhabitants  at  any 
annual  meeting  shall  direct. 

If  the  money  is  not  necessary  to  pay  for  a  now  site  or  remo\nng  or  erecting 
a  school-house,  it  may  be  appropriated  by  the  district  to  any  purpose  for  which 
it  would  be  authorized  to  levy  a  tax  ;  and  in  the  absence  of  any  vote  by  the 
district  the  trustees  may  appropriate  it  to  any  purpose,  such  as  the  purchase  of 


School  DisxRict  Meetings  asd  Officers.  125 

fuel,  or  the  rent  of  temporary  scliool  rooms,  for  wliicla  they  are  authorized  to 
levy  a  tax  without  a  vote  of  the  district. 


THIRD  ARTICLE. 

Of  the  qiialijication,  election,  choice  and  terms  of  office  of  district 
and  neighborhood  officers,  and  of  vacancies  in  such  offices. 

§  23.  No  school  commissioner  or  supervisor  is  eligible  to  the 
office  of  trustee,  nor  can  either  be  a  member  of  any  board  of  edu- 
cation within  his  district  or  town  ;  and  no  trustee  can  hold  the 
office  of  district  clerk,  collector  or  librarian. 

The  reason  of  these  prohibitions  may  be  found  in  the  incongruity  of  a  man's 
holding  two  offices  by  one  of  which  he  is  subject  and  responsible  to  himself  in 
his  other  capacity.  If  a  supervisor  were  also  trustee,  he  would  as  supervisor 
hold  money  that  he  is  forbidden  to  hold  as  trustee,  and  could  as  trustee  draw 
orders  on  himself  as  supervisor.  There  is  the  same  incompatibility  between 
the  offices  of  trustee  and  collector,  or  district  clerk,  or  librarian. 

§  24.  Every  district  and  neighborhood  officer  must  be  a  resident 
of  his  district  and  neighborhood,  and  qualified  to  vote  at  its 
meetings. 

See  section  11,  of  this  title,  for  what  constitutes  residence  ;  and  section  12  for 
the  qualification  of  voters. 

Removal  from  the  district  will  vacate  any  district  office. 

As  to  votes  cast  for  disqualified  persons,  see  comments  on  the  election  of 
district  officers  under  section  16  of  this  title. 

§  25.  From  one  annual  meeting  to  the  next  is  a  year,  within  the 
meaning  of  the  following  provisions :  The  term  of  office  of  a 
trustee  of  a  neighborhood  and  a  sole  trustee  of  a  district  is  one 
year.  The  full  term  of  a  joint  trustee  is  three  years,  but  a  joint 
trustee  may  be  elected  for  one  or  for  two  years,  as  herein  provided. 
The  term  of  office  of  all  other  district  and  neighborhood  officers 
is  one  year.  Every  district  and  neighborhood  officer  shall  hold 
his  office  unless  removed,  during  his  term  of  office,  and  until  his 
successor  shall  be  elected  or  appointed. 

Persons  appointed  by  the  supervisor  to  fill  vacancies  in  the  office  of  trustee 
are  entitled  to  hold  over  until  their  successors  shall  be  elected,  the  same  as 
those  elected  to  that  office. 


126  School  District  Meetings  and  Officers. 

§  26.  The  terms  of  all  officers  elected  at  the  first  meeting  of  a 
newly  erected  neighborhood  or  district,  except  of  a  union  free 
school  district,  shall  exjjire  on  the  second  Tuesday  of  October, 
next  thereafter, 

§  27.  On  the  second  Tuesday  of  October  next  after  the  erection 
of  a  district,  at  its  first  annual  meeting,  the  electors  shall  deter- 
mine, by  resolution,  whether  the  district  shall  have  one  or  three 
trustees,  and  if  they  resolve  to  have  three  trustees  shall  elect  the 
three  for  one,  two  and  three  years  respectively,  and  shall  desig- 
nate, by  their  votes,  for  which  term  each  is  elected.  Thereafter 
in  such  district,  one  trustee  shall  be  elected  at  each  annual  meet- 
ing to  fill  the  ofiice  of  the  outgoing  trustee.  The  electors  of  any 
district  having  three  trustees  shall  have  power  to  decide,  by  reso- 
lution, at  any  annual  meeting,  whether  the  district  shall  have  a  sole 
trustee,  or  three  trustees,  and,  if  they  resolve  to  have  a  sole  trustee, 
the  trustee  or  trustees  in  office  shall  continue  in  office  until  their 
term  or  terms  of  office  shall  expire,  and  no  election  of  a  trustee 
shall  be  had  in  the  district  until  the  offices  of  such  trustee  or  trus- 
tees shall  become  vacant  by  the  expiration  of  their  terms  of  office 
or  otherwise,  and  thereafter  but  one  trustee  shall  be  elective  for 
said  district. 

Any  district  having  three  trustees  may  by  resohition  passed  at  any  annual 
meeting  vote  to  have  but  a  single  trustee.  But,  having  so  determined,  the  dis- 
trict has  no  power  to  resolve  again  to  have  three  trustees,  and  any  subsequent 
election  of  more  than  one  trustee  vnll  be  illegal.  If  any  districts,  in  disregard 
of  this  section,  have  elected  three  trustees,  after  having  resolved  to  have  but 
one,  the  question  may  arise  which  one  of  the  persons  voted  for  would  be  the 
legal  trustee.  Unquestionably  the  one  first  elected  in  the  order  of  time.  Having 
elected  one  trustee,  and  thus  having  exhausted  its  power,  votes  subsequently 
cast  for  others  arc  illegal  and  void.  If  the  three  trustees  are  elected  on  the 
same  ballot,  then  the  one  designated  to  serve  for  one  year  wll  be  the  legal  and 
Bole  trustee. 

§  28.  It  shall  be  the  duty  of  the  district  clerk,  and  of  the  neigh- 
borhood clerk,  or  of  any  person  Avho  shall  act  as  clerk  at  any  dis- 
trict or  neighborhood  meeting,  when  any  officer  shall  be  elected, 
forthwith  to  give  the  person  elected  notice  thereof  in  writing;  and 
such  person  sliall  be  deemed  to  have  accepted  the  office,  unless, 
within  five  days  after  the  service  of  such  notice,  he  shall  file  his 
written  refusal  of  it  with  the  clerk.     The  presence  of  any  such 


School  District  Meetings  and  Officers.  127 

person  at  the  meeting  which  elects  him  to  office  shall  be  deemed 
a  sufficient  notice  to  him  of  his  election. 

When  legal  notices  arc  required  to  be  given  "  forthwith,"  the  word  has  been 
held  to  mean  "  within  twenty-four  hours." 

§  29.  The  collector  vacates  his  office  by  not  executing  a  bond  to 
the  trustees,  as  hereinafter  required,  and  the  trustees  may  supply 
the  vacancy.  {See  sec.  83  of  this  title.) 

§  30.  In  case  the  office  of  a  trustee  shall  be  vacated  by  his  death, 
refusal  to  serve,  incapacity,  removal  from  the  district  or  neighbor- 
hood, or  by  his  being  removed  from  the  office,  or  in  any  other 
manner,  and  the  vacancy  be  not  supplied  by  a  district  or  neigh- 
borhood meeting  within  one  month  thereafter,  the  supervisor  of 
the  town  within  which  the  school-house  or  principal  school-house 
of  the  district  is,  or  within  which  the  neighborhood  or  any  part 
thereof  is,  may,  by  a  writing  under  his  hand,  appoint  a  competent 
person  to  fill  it. 

The  power  of  the  supervisor  under  this  section,  and  of  trustees  under  section 
S3,  to  fill  vacancies,  is  confined  strictly  to  vacancies  resulting  from  the  causes 
above  specified.  They  are  not  to  assume  to  set  aside  an  election  on  the  ground 
of  a  legal  incapacity  existing  at  the  time,  and  which  the  voters  disregarded. 
They  must,  from  the  necessity  of  the  case,  adjudicate  upon  the  question  of 
fact  whether  a  vacancy  exists,  and,  in  the  written  order  making  an  appoint- 
ment, should  expressly  state  the  facts  Avhich  have  caused  a  vacancy. 

A  refusal  to  serve  is  not  the  defective  performance  or  omission  of  a  particu- 
lar act,  but  a  general  non-performance  of  the  duties  of  the  office.  (6  Cuwen,  479.) 

§  31,  A  trustee  who  publicly  declares  that  he  will  not  accept 
or  serve  in  the  office  of  trustee,  or  Avho  refuses  or  neglects  to 
attend  three  successive  meetings  of  the  board,  of  which  he  is  duly 
notified,  without  rendering  a  good  and  valid  excuse  therefor  to 
the  other  trustees,  or  trustee,  where  there  are  but  two,  vacates 
nis  office  by  refusal  to  serve. 

§  32.  Any  vacancy  in  the  office  of  district  clerk,  collector,  or 
librarian,  may  be  supplied  by  appointment  under  the  hands  of  the 
trustees  of  the  district,  or  a  majority  of  them,  and  the  appointees 
shall  hold  their  resi)ective  offices  until  the  next  annual  meeting  of 
the  district,  and  until  others  are  elected  and  take  their  places. 

Under  this  section,  and  by  the  last  sentence  of  section  25,  if  the  annual  m'^et 
ing  passes  by  without  an  election,  all  the  officers  of  the  district,  whether  hokling 


128  School  District  Meetings  and  Officers. 

by  election  or  appointment,  will  legally  retain  office  until  their  successors  are 
elected,  or  appointed  and  take  their  places.  At  any  annual  meeting,  or  at 
any  special  meeting  duly  assembled,  persons  may  be  elected  in  place  of  those 
thus  holding  over.  If,  however,  a  vacancy  has  been  filled  by  appointment,  as 
provided  in  section  30,  there  will  be  none  for  a  meeting  to  fill. 

§  33,  Every  appointment  to  fill  a  vacancy  shall  be  forthwith 
filed,  by  the  supervisor  or  trustees  making  it  in  the  ofiice  of  the 
district  clerk,  who  shall  immediately  give  notice  of  the  appoint- 
ment to  the  person  appointed, 

§  34.  Every  person  chosen  or  appointed  to  a  school  district 
office,  who,  being  duly  qualified  to  fill  the  same,  shall  refuse  to 
serve  therein,  shall  forfeit  five  dollars ;  and  every  jierson  so  chosen 
or  appointed,  who,  not  having  refused  to  accept  the  office,  shall 
willfully  neglect  or  refuse  to  perform  any  duty  thereof,  shall  by 
such  neglect  or  refusal  vacate  his  office,  and  shall  forfeit  the  sum 
of  ten  dollars.  These  penalties  are  for  the  benefit  of  the  common 
schools  of  the  town.  {See  sec.  22,  of  title  3.) 

The  law  regards  every  person  as  under  an  obligation  to  bear  his  part  in  the 
burden  of  personal  service  to  the  public,  or  to  indemnify  it  by  a  fine.  Mere 
unwillingness  to  abstract  the  necessary  time  from  the  labors  of  his  ordinary 
calling  is  not  a  sufficient  cause ;  it  is  for  him  to  detenuine  whether  the  pay- 
ment of  the  fine,  or  the  injury  to  his  business,  or  love  of  ease,  will  be  the  greater 
damage,  and  to  meet  the  one  or  the  other  according  to  his  election.  The  pre- 
sumption is  that,  if  sufficient  cause  existed,  the  supervisor  would  have  accepted 
the  resignation  of  the  officer  who  is  sued  ;  and  it  lies  upon  him  to  show  the 
cause,  not  upon  the  plaintiff  to  disprove  the  existence  of  any. 

It  is  for  the  tribunal  before  which  any  delinquent  officer  is  tried  to  deter- 
mine whether  the  refusal  or  neglect  to  serve  was  willful. 

§  35,  But  the  supervisor  of  the  town  wherein  any  such  person 
resides  may  accept  his  written  resignation  of  the  office,  and  the 
filing  of  such  resignation  and  acceptance  in  the  office  of  the  district 
clerk  shall  be  a  bar  to  the  recovery  of  either  penalty  in  the  last 
preceding  section  mentioned ;  or  such  resignation  may  be  made  to 
and  accepted' by  a  district  meeting. 

Where  a  district  meeting  accepts  the  resignation  of  any  school  ofhcer,  it  is 
not  necessary  to  file  a  written  resignation  with  the  district  clerk.  The  records 
of  the  meeting  will  be  sufficient  evidence  of  the  fact. 


School  Distkicp  Meetings  and  Officers.  129 

FOURTH  ARTICLE. 

Of  the  duties  of  the  neighborhood  clerk,  and  of  the  district  clerk 
and  librarian. 

§  36.  The  neighborhood  clerk  shall  keep  a  record  of  the  pro- 
ceedings of  his  neigliborhood,  and  of  the  reports  of  the  trustees, 
and  deliver  the  same  to  liis  successor.  In  case  such  neighborhood 
shall  be  annexed  to  a  district  within  the  State,  its  records  shall  be 
filed  in  the  office  of  the  clerk  of  such  district. 

§  37.  It  shall  be  the  duty  of  the  clerk  of  each  school  dis- 
trict: 

1.  To  record  the  proceedings  of  his  district  in  a  book  to  be 
provided  for  that  purpose  by  tlie  district,  and  to  enter  therein 
true  copies  of  all  reports  made  by  the  trustees  to  the  school  com- 
missioner ; 

2.  To  give  notice,  in  the  manner  prescribed  by  the  sixth  section 
of  this  title,  or  by  tlic  inhabitants,  pursuant  to  such  section,  of  the 
time  and  place  of  holding  special  district  meetings  called  by  the 
trustees  ; 

3.  To  affix  a  notice  in  writing  of  the  time  and  place  of  any 
adjourned  meeting,  when  the  meeting  shall  have  been  adjourned 
for  a  longer  time  than  one  month,  in  at  least  four  of  the  most 
public  places  of  such  district,  at  least  five  days  before  the  time 
appointed  for  such  adjourned  meeting ; 

4.  To  give  the  like  notice  of  every  annual  district  meeting ; 

5.  To  give  notice  immediately  to  every  person  elected  or 
appointed  to  office  of  his  election  or  appointment;  and  also  to 
report,  to  the  town  clerk  of  the  town  in  which  the  school-house  of 
his  district  is  situated,  tlie  names  and  post-office  address  of  such 
officers,  under  a  penalty  of  five  dollars  for  neglect  in  each  instance ; 

6.  To  notify  the  trustees  of  every  resignation  duly  accepted  by 
the  supervisor ; 

V.  To  keep  and  preserve  all  records,  books  and  papers  belong- 
ing to  his  office,  and  to  deliver  the  same  to  his  successor.  For  a 
refusal  or  neglect  so  to  do,  he  shall  forfeit  fifty  dollars  for  the 
benefit  of  the  district,  to  be  recovered  by  the  trustees; 

8.  In  case  his  district  shall  be  dissolved,  to  obey  the  order  of 
the  commissioner  or  commissioners  as  to  depositing  the  books, 
papers  and  records  of  his  office  in  the  town  clerk's  office  ; 
\1 


130  School  District  Meetings  and  OfficepwS. 

9.  To  attend  all  meetings  of  the  board  of  trustees  when  noti- 
fied, and  keep  a  record  of  their  proceedings  iu  a  book  provided 
for  that  purpose ; 

10.  To  call  special  meetings  of  the  inhabitants  ivhenever  all  the 
trustees  of  the  district  shall  have  vacated  their  office. 

Tlie  importance  of  full  and  accurate  records  lias  been  sufficiently  discussed 
in  the  comment  upon  subdivision  9,  of  section  10,  under  the  heading  of  the 
power  of  taxation.  A  clerk  who  discharges  his  duty  in  this  respect  with  neat- 
ness and  fidelity  will  have  an  honorable  memorial  of  himself  to  endure  as  long 
as  the  district  exists.  The  entering  of  copies  of  the  reports,  annually  made 
))y  the  trustees  to  the  school  commissioner,  is  of  consequence  to  preserve  the 
liistory  of  the  district  affairs,  and  to  aff^,)rd  the  means  of  comparison  with  the 
annual  accounts  presented  by  tlie  trustees  to  the  district  meeting. 

Too  great  care  cannot  be  exercised  in  giving  ample  notice  of  every  special 
meeting.  The  clerk  is  authorized  to  give  such  notices  upon  a  verbal  direction 
of  the  trustees ;  but  there  can  be  no  excuse  for  the  omission  to  put  those  direc- 
tions in  writing,  upon  the  records,  either  in  the  form  of  an  order  or  of  minutes 
of  the  proceedings  of  a  meeting  of  the  trustees.  In  the  personal  service  of 
notice,  the  clerk  cannot  act  by  deputy  ;  but  no  objection  is  perceived  to  his 
employing  an  agent  to  leave  written  notices  at  the  houses  of  those  whom  ho 
may  find  absent  from  homo.  The  proper  course,  however,  would  be  for  the 
clerk  to  provide  himself  with  a  sulficient  number  of  written  notices  before 
starting  upon  his  rounds.  In  this  way  he  would  secure  the  giving  of  notice 
at  the  earliest  practicable  time,  and  would  avoid  the  trouble  of  obtaining  any 
other  evidence  of  service  than  his  own  official  return.  The  clerk  is  not  at  liberty 
to  post  notices  of  annual  or  adjourned  meetings  at  any  less  number  of  public 
places  than/o2(r.  It  would  be  well  for  him  to  have  at  least  four  places  designated 
by  a  resolution  of  the  inhabitants  as  the  most  public  and  proper  for  posting 
notices.  In  case  of  an  adjourned  meeting,  it  would  be  prudent  to  repeat  in  the 
notices  posted  the  enimieration  of  the  objects  for  which  it  was  originally  called. 

Section  6  of  this  title  declares  by  whom  notices  may  be  given,  and  upon 
whom  they  shall  be  served  ;  and  the  manner  of  service  is  prescribed  in  the 
second  section.  The  people,  by  resolution  adopted  at  an  annual  meeting,  may 
decide  how  such  notices  shall  be  given,  and  such  resolution  will  be  binding 
upon  the  clerk  until  rescinded  or  modified. 

It  is  believed  that  the  clerk,  who,  by  subdivisions  1  and  7,  is  directed  to 
record  the  proceedings  of  district  meetings,  and  of  meetings  of  the  trustees, 
in  a  book,  may  purchase  such  books,  even  if  the  people  neglect  or  refuse  to 
vote  a  tax  for  that  purpose,  and  that  the  expense  will  be  a  charge  upon  the 
district.  Duties  are  imposed  upon  him  which  he  cannot  discharge  without 
the  necessary  books. 

§  38.  The  librarian,  subject  to  the  provisions  of  this  act,  shall 
have  the  charge  and  supervision  of  the  district  library. 


ScuooL  District  jMeetixgs  and  Officers.  131 

FIFTH  ARTICLE. 
Of  the  jyupils  and  teachers. 
§  39.  Common  schools  in  the  several  school  districts  of  this 
State  shall  be  free  to  all  persons  over  five  and  under  twcnty-ono 
years  of  age  residing  in  the  district,  as  hereinafter  provided ; 
but  non-residents  of  a  district,  if  otherwise  competent,  may  be 
admitted  into  the  school  of  a  district,  with  the  written  consent 
of  the  trustees,  or  of  a  majority  of  them,  upon  such  terms  as  the 
trustees  shall  prescribe. 

The  language  of  this  section  is  substantially  that  of  the  free  school  law 
of  1849,  with  the  exception  of  the  words  "as  hereinafter  provided,"  which 
qualifying  phrase  was  inserted  in  section  1,  chapter  151,  Laws  of  1851,  and  it 
was  thereinafter  provided  that  the  schools  should  not  be  any  more  free  than 
they  had  been  prior  to  1849. 

The  abolition  of  the  rate  bill,  and  the  increase  of  the  State  tax,  by  chapter 
406,  Laws  of  18G7,  has  made  true  for  the  first  time  the  words  of  the  statute, 
and  given  them  a  living  spirit.  Henceforth  the  highway  of  knowledge  will 
he  free  and  open  to  all  travelers,  yielding  obedience  only  to  the  rules  of  the 
load. 

The  power  to  admit  non-resident  children  to  the  schools  of  a  district  is 
vested  exclusively  in  its  trustees.  Pupils  are  not  to  be  encouraged  to  with- 
draw from  the  schools  of  their  own  districts.  By  doing  so,  they  enfeeble  its 
pecuniary  resources,  and  diminish  the  inducements  of  their  parents  and  friends 
to  exert  their  influence  to  maintain  a  good  school  in  their  own  district.  A 
teacher,  moreover,  ought  not  to  have  the  additional  labor  thrown  upon  him 
of  instructing  non-residents,  -without  his  compensation  being  increased,  unless 
he  entered  into  his  contract  with  full  knowledge  of  the  number  he  was  to 
instruct. 

The  right  to  enjoy  the  benefit  of  common  schools,  established  for  all  tho 
inhabitants,  is.  as  is  well  put  in  8  Cusli.  {Mass.  E.),  164,  "a  common,  not  an 
exclusive  personal  right;  then,  like  other  common  rights,  that  of  way  for 
instance,  it  must  be  exercised  under  such  limitations  and  restrictions  that  it 
shall  not  interfere  with  the  equal  and  co-extensive  rights  of  others.  Take  tho 
case  of  contagious  disease:  Can  it  be  doubted  that  the  presence  of  a  pupil 
infected  could  be  lawfully  prohibited,  not  for  any  fault  or  crime  or  wrong 
conduct,  but  simply  because  his  attempt  to  insist  on  his  right  to  attend,  under 
euch  circumstances,  would  be  dangerous  and  noxious,  and  so  an  interruption 
of  the  equal  and  common  right  ?'[^  In  that  case,  the  court  held  that  the  trus- 
tees have  the  right  to  exclude  a  child  for  open,  gross  immorality,  manifested 
by  licentious  propensities,  language,  manners  and  habits,  though  not  mani- 
fested by  acts  of  licentiousness  or  immorality  within  the  school,  deeming  it 
"as  necessary,  in  the  unreserved  intercourse  of  pupils  of  the  same  school,  as 
well  without  as  within  its  precincts,  to  preserve  the  pure  minded,  ingenuous 


132  School  District  Meetings  and  Officers. 

and  unsuspectin<T  children  of  both  sexes  from  the  contaminating  influence 
of  those  of  depraved  sentiments  and  vicious  propensities  and  habits,  as  from 
those  infected  with  contagious  diseases." 

The  analogy  suggests  the  rule.  Children  may  be  excluded,  not  for  punish- 
ment merely,  but  for  the  protection  of  others  from. such  injurious  example  and 
influence  as  would  entirely  defeat  the  purposes  for  which  schools  are  instituted. 
It  is  to  be  remembered  that  among  the  objects  of  instruction  is  not  only  to 
deter  from  vice,  but  to  reclaim  those  who  are  capable  of  reformation,  and 
to  correct  bad  habits  which  may  result  from  parental  neglect,  or,  what  is  more 
deplorable,  from  parental  example.  To  deal  gently  with  the  erring,  and 
especially  with  erring  childhood,  is  the  dictate  of  humanity,  policy  and  duty. 
To  abandon  them  to  their  evil  courses  is  a  step  involving  the  most  serious 
responsibility,  never  to  be  taken  until  remonstrance  and  persuasion  have  been 
exhausted. 

Such  violent  insubordination  against  reasonable  and  proper  regulations  of 
the  school  as  to  render  it  impossible  to  maintain  necessary  discipline  and  order 
will  justify  the  trustees  in  the  expulsion  of  a  pupil ;  but  it  is  their  duty  to  see, 
before  resorting  to  the  final  extremity,  whether  there  may  not  be  fault  on  the 
side  of  the  teacher  as  well  as  the  pupil,  and  to  endeavor,  in  such  case,  to  recon- 
cile the  difference,  without  impairing  the  self-respect  of  either  party.  Children 
have  rights  as  well  as  their  elders  ;  they  are  as  keenly  sensible  of  oppression,  and 
naturally  revolt  against  power,  Avantonly  exercised  for  the  sake  of  exhibiting 
itself.  Being  the  weaker  party,  they  suffer  in  their  school  days  a  great  deal  of 
injustice  and  often  of  outraga  The  best  of  teachers  have  human  infirmities, 
and  it  is  an  incident  of  their  trying  calling  to  aggravate  them.  It  is  for  the 
trustees  to  temper  power  with  benignity,  and  administer  justice  in  the  spirit 
of  tolerance  and  mercy. 

§  40.  If  a  school  district  include  a  portion  of  an  Indian  reserva- 
tion, Avheroon  a  school  for  Indian  children  has  been  established  by 
the  Superintendent  of  Public  Instruction,  and  is  taught,  the  school 
of  the  district  is  not  free  to  Indian  children  resident  in  the  district 
or  on  the  reservation,  nor  shall  they  be  admitted  to  such  school 
except  b}''  permission  of  the  Superintendent. 

The  Indian  race  has  never  been  recognized  by  law  as  entitled  to  the  fights 
and  privileges  of  citizenship.  They  have  asserted  their  nationality,  and  the 
State  and  United  States  have  treated  with  them  as  with  independent  tribes  or 
nations.  They  arc  aliens  on  their  native  soil.  They  are  permitted  to  reside  on 
"what  are  called  reservations  of  land  which  has  been  sold,  subject  to  their  occu- 
pancy, to  purchasers  who  arc  tenii)tcd  to  use  various  arts  to  turn  their  right  of 
reversion  into  possession.  They  arc  the  wards  of  the  State,  which  has  made 
ample  provision  for  th'.'ir  education. 

§  41.  No  teacher  is  a  qualified  one,  within  the  meaning  of  this 
act,  unless  he  possesses  an  unannullcd  diploma  granted  to  him  by 


School. DisTiiiCT  Meetings  and  Oi^ficeks;  133 

ft 
the  State  normal  school,  or  an  unrevokocT  and  unannulled  certifi- 
cate of  qualilication  giA^eu  to  him  hy  tlie  Superintendent  of  Public 
Instruction,  or  an  unexpired  certiiicate  of.  cpuxliiication  given  to 
him  by  the  school  commissioner  Avithin  Avhose  district  lie  is 
employed,  or  by  the  school  officer  of  the  city  or  village  in  Aviiich 
he  is  employed,  authorized  by  special  act  to  grant  such  certificate. 

Before  employing  a  teacher,  the  trustees  should  insist  upon  the  exhibition  to 
them  of  a  certificate  from  one  of  the  authorities  named  iu  this  section.  Thoy 
must  also  be  careful  to  inquire  whether  the  certificate  exhibited  is  in  force. 
School  commissioners  and  local  oflBcers  can  grant  certificates  only  for  limited 
t'crms.  A  diploma  from  the  State  normal  school,  or  a  certificate  from  tlio 
State  Superintendent  is  good  until  revoked,  or  annulled.  By  reference  to  tho 
law  of  18G3,  establishing  the  Oswego  normal  and  training  school,  and  to 
the  laws  of  18G6  and  1867,  establishing  other  normal  schools,  it  will  be  seen 
that  a  diploma  from  any  State  normal  school  makes  the  holder  a  qualified 
teacher. 

§  42.  No  part  of  the  school  moneys  apportioned  to  a  district  can 
be  applied  or  permitted  to  be  applied  to  the  payment  of  the  wages 
of  an  unqualified  teacher  ;  nor  can  his  Avages,  or  any  part  of  them, 
be  collected  by  a  district  tax. 

If  an  unqualified  teacher  be  employed,  the  school  kept  aviII  be  a  private,  and 
not  a  public  school,  and  the  teacher's  claim  for  compensation  Avill  depend 
upon  his  contract  with  his  employers.  If  the  trustees  agree  to  pay  him,  they 
Avill  be  responsible  as  private  persons,  and  not  as  officers  of  the  district.  If  the 
trustees  draw  any  order  upon  the  supervisor,  or  on  the  collector  of  the  district, 
for  such  money,  in  faA'or  of  an  unqualified  teacher,  they  incur  the  penalty  pro- 
vided in  the  next  section. 

§  43.  Any  trustee  Avho  applies,  or  directs,  or  consents  to  the 
application  of  any  such  money  to  the  payment  of  an  unqualified 
teacher's  Avages,  thereby  commits  a  misdemeanor;  and  any  fine 
imposed  upon  him  therefor  shall  be  for  the  benefit  of  the  common 
schools  of  the  county.   {See  sec.  22,  of  title  3.) 

§  44,  Teachers  shall  keep,  prepare  and  enter,  in  the  books  pro- 
vided for  that  purpose,  the  school  lists  and  accounts  of  attendance 
hereinafter  mentioned,  and  shall  be  responsible  for  their  safe  keep- 
ing and  delivery  to  the  clerk  of  the  district  at  the  close  of  their 
engagements  or  terms.  (See  sec.  53    of  this  title.) 


134  School  District  Meetings  and  Officebs. 

SIXTH  ARTICLE. 
Of  the  trustees,  their  poxoers  and  duties  ;  and  herein  of  school  taxes 
•   and  annual  reports. 

§  45,  All  property  which  is  now  vested  in,  or  shall  hereinafter 
be  transferred  to,  the  trustee  or  trustees  of  a  district,  for  the  use 
of  schools  in  the  district,  shall  be  held  by  him  or  them  as  a  corpo- 
ration. 

The  orig-inal  provision  of  the  act  of  1819,  section  29,  chapter  161,  from  which 
the  above  is  taken,  was  enacted  for  the  purpose  of  vesting  in  the  trustees  prop- 
erty which  had  been  dedicated  or  g:ranted  for  school  objects  before  its  passage. 
The  principal  incidents  of  a  corporation  are  to  have  perpetual  succession  and 
existence  by  its  corporate  name,  where  no  period  is  limited  by  its  charter,  and 
the  capacity  to  hold  real  and  personal  estate  for  its  corporate  purposes,  as  an 
artificial  body,  wholly  distinct  from  the  individuals  who  from  time  to  time 
may  compose  it. 

§  46.  A  sole  trustee  of  the  district  shall  have  all  the  powers,  and 
be  subject  to  all  the  duties,  liabilities  and  penalties  conferred  and 
imposed  by  law  upon  or  against  any  trustee  or  trustees,  or  the 
m.ijoi-ity  of  the  trustees,  of  a  district. 

§  47.  The  trustees  of  a  district  compose  a  board,  and  when  two 
only  meet  to  deliberate  upon  a  matter,  and  the  third,  if  notified, 
does  not  attend,  or  the  three  meet  and  deliberate  thereon,  the  con- 
clusion of  two  upon  the  matter,  and  their  order,  act  or  proceeding 
in  relation  thereto,  shall  be  as  valid  as  though  it  were  the  conclu- 
sion, orck'T,  act  or  proceeding  of  the  three ;  and  a  recital  of  the 
two  in  their  minute  of  the  conclusion,  act  or  proceeding,  or  in 
their  order,  act  or  proceeding,  of  the  fact  of  such  notice,  or  of  such 
meeting  or  deliberation,  shall  be  conclusive  evidence  thereof.  A 
meeting  of  the  board  may  be  ordered  by  any  member  thereof,  by 
giving  not  less  than  twonty-four  hours'  notice  of  the  same. 

Every  power  committed  to  the  trustees  must  be  exercised  by  the  board.  This 
section  was  incorporated  into  the  law  of  1864,  to  obviate  the  difficulty  often 
experienced  of  obtaining  a  meeting  of  all  tliree  trustees  when  any  important 
business  was  to  be  done.  When  tliey  arc  duly  assembled,  a  majority  may  do 
any  lawful  act,  make  any  order,  or  dcci(h)  any  question  properly  before  them. 
If  one  of  them,  after  due  notice  of  a  meeting  absent  himself,  the  other  two  may 
net  just  tlie  same  as  if  he  were  present. 

But  the  board  must  meet.  It  will  not  do  for  one  or  two  to  form  a  determina- 
tion and  tlien  procure  the  assent  of  the  absent.     The  decision  of  a  majority,  or 


School  District  Meetings  and  OFFiCErwS.  135 

of  all  three,  under  such  circumstances,  is  not  the  decision  of  the  trustees,  any 
more  than  the  concurrent  opinion  of  all  the  members  of  the  Legislature  arrived 
at  by  taking-  their  separate  votes  at  their  respective  places  of  residence  is  an 
act  of  the  Legislature.  In  the  assessment  of  a  tax,  and  in  general  in  regard 
to  every  other  duty  judicial  in  its  character,  this  rule  is  inflexible. 

In  other  cases  a  majority  may  decide,  provided  all  have  been  notified  of  the 
intention  to  meet  and  confer  upon  the  subject  at  a  definite  time  and  place. 
This  rule  was  applied  in  IG  Maine  R.,  185,  and  the  dismissal  of  a  teacher  by 
two,  a  majority  of  the  board,  held  illegal,  because  the  third  was  not  notified, 
although  he  was  out  of  town.  The  court  say :  "  That  does  not  allow  the 
majority  to  dispense  with  the  rule  requiring  notice.  They  are  not  in  such 
cases  constituted  the  judges  whether  the  notice  would  be  effectual  to  secure  his 
attendance.  Nor  would  it  be  entirely  safe  to  intrust  them  with  such  a  power, 
as  it  would  afford  an  opportunity  to  select  an  occasion  when  they  might  judge 
that  a  notice  would  be  ineffectual,  and  thus,  by  neglecting  to  give  it,  free  them- 
selves from  the  presence  of  a  dissenting  minority.  It  may  often  happen  that 
those  will  be  able  to  attend  who  were  believed  to  be  so  situated  that  their 
attendance  could  not  be  expected.  Nor  is  there  any  difficulty  in  giving  the 
requisite  notice  in  such  cases,  as  one  left  at  the  usual  place  of  residence  would 
be  sufficient."  * 

The  law  goes  upon  the  supposition  that  a  majority  may  be  convinced  by  a 
minority  and  change  its  detenninations,  and  therefore  will  not  suffer  the 
majority  to  act  without  giving  the  minority  a  notice  to  participate.  The  legal 
presumption  is  that  officers  have  thus  acted,  but  this  presumption  may  be 
repelled  by  evidence  to  the  contrary. 

The  case  last  cited  admits  that  a  merely  ministerial  duty,  the  execution  of  a 
determination  of  the  board,  may  be  performed  by  a  single  trustee. 

In  case  of  a  vacancy  in  the  office  of  trustee,  those  in  office,  whether  two  or 
one,  possess  all  the  powers  of  a  full  board  ;  the  very  first  act,  however,  ought 
to  be  the  call  of  a  meeting  to  fill  the  vacancy. 

§  48.  While  there  is  one  vacancy  in  the  office  of  trustee,  the 
two  trustees  have  all  the  powers  and  are  subject  to  all  the  duties 
and  liabilities  of  the  three.  And  while  there  are  two  such  vacan- 
cies, the  trustee  in  office  shall  have  all  the  powers  and  be  subject 
to  all  the  duties  and  liabilities  of  the  three,  as  though  he  were  a 
Bole  trustee. 

§  49.  It  shall  be  the  duty  of  the  trustees  of  every  school  district, 
and  they  shall  have  power  : 

1.  To  call  special  meetings  of  the  inhabitants  of  such  districts 
whenever  they  shall  deem  it  necessary  and  proper; 

2.  To  give  notice  of  special,  annual  and  adjourned  meetings  in 
the  manner  prescribed  in  the  si.vth  section  of  this  title,  if  tlicre  be 


136  School  District  Meetings  and  Officers. 

no  clerk  of  the  district,  or  he  be  absent  or  incapable  of  acting,  or 
shall  refuse  to  act ; 

3.  To  make  out  a  tax  list  of  every  district  tax  voted  by  any 
such  meeting,  or  authorized  by  law,  containing  the  names  of  all 
the  taxable  inhabitants  residing  in  the  district  at  the  time  of 
making  out  the  list,  and  the  amount  of  tax  payable  by  each  inhab- 
itant, set  opposite  to  his  name ; 

4.  To  annex  to  such  tax  list  a  warrant,  directed  to  the  collector 
of  the  district,  for  the  collection  of  the  sums  in  such  list  mentioned; 

5.  To  purchase  or  lease  a  site  for  the  district  school-house  or 
school-houses,  as  designated  by  a  meeting  of  the  district,  and  to 
build,  hire  or  purchase  such  school-house  as  may  be  so  designated, 
and  to  keep  in  repair  and  furnish  such  school-house  with  necessary 
fuel  and  appendages,  and  to  pay  the  expense  thereof  by  tax,  but 
such  expenses  shall  not  exceed  fifty  dollars  in  any  one  year,  unless 
authorized  by  the  district  or  by  law  ; 

6.  To  have  the  custody  and  safe  keeping  of  the  district  school- 
house  or  houses,  their  sites  and  appurtenances  ; 

7.  When  thereto  authorized,  by  a  meeting  of  the  district,  to 
insure  the  school-house  or  school-houses,  and  their  furniture,  and 
the  school  apparatus,  in  some  company  created  by  or  under  the 
laws  of  this  State,  and  to  comply  with  the  conditions  of  the  policy, 
and  raise  the  premiums  by  a  district  tax ; 

8.  To  insure  the  district  library  in  such  a  company  in  a  sura 
fixed  by  a  district  meeting,  and  to  raise  the  premium  by  a  district 
tax,  and  comply  with  the  conditions  of  the  policy ; 

9.  To  contract  Avith  and  employ  all  teachers  in  the  district 
school  or  schools ;  but  no  person  who  is  within  two  degrees  of 
relationship  by  blood  or  marriage  to  any  such  trustee  shall  be  so 
employed,  excej^t  with  tlie  a))proval  of  two-thii-ds  of  the  voters  of 
such  district  present  and  voting  upon  the  question  at  an  annual  or 
special  meeting  of  the  district.  Any  person  employed  in  disregard 
of  the  foregoing  provision  shall  have  no  claim  for  wages  against 
the  district,  but  may  enforce  the  specific  contract  made  ngainst  the 
trustee  or  trustees  consenting  to  such  employment  as  individuals; 

10.  To  pay  toward  the  wages  of  such  teachers  as  are  qualiiied, 
the  public  moneys  apportioned  to  the  district  and  legally  applica- 
ble thereto,  by  giving  them  orders  on  the  supervisor  thei'efoi-,  and  to 
collect,  as  herein  provided,  the  residue  of  such  wages  by  district  tax ; 


School  District  Meetiitgs  and  Officers.  137 

11.  To  divide  such  public  moneys  apportioned  to  the  district, 
whenever  authorized  by  a  vote  of  thek-  district,  into  two  or  more 
portions  for  each  year;  to  assign  and  apply  one  of  such  portions 
to  each  term  during  which  a  school  shall  be  kept  in  guch  district, 
for  the  payment  of  teachers'  wages  during  such  term ;  and  to  col- 
lect the  residue  of  such  wages  not  paid  by  the  proportion  of  public 
money  allotted  for  that  purpose,  by  district  tax  as  herein  provided*, 

12.  If  the  library  money  apportioned  to  the  district  be  less  than 
three  dollars,  to  apply  it  to  the  payment  of  teachers'  wages ; 

13.  To  draw  upon  the  supervisor  for  the  school  and  library 
moneys,  in  the  manner  and  form  prescribed  by  subdivisions  one 
and  two  of  section  six  of  title  four  of  this  act ; 

14.  After  having  paid  toward  the  Avages  of  such  teachers  as  are 
qualitied  the  public  moneys  of  the  district  legallj'  applicable 
thereto,  by  giving  them  orders  on  the  supervisor  therefor,  to  col- 
lect the  residue  of  such  wages  hj  a  district  tax,  or,  if  the  same 
shall  have  been  already  collected,  to  give  such  teacher  an  order  on 
the  district  collector  for  the  balance  of  his  or  her  wages  still 
remaining  unpaid. 

1.  To  call  special  meetings  of  the  inhabitants  of  such  districts  ivhenever  they  shall  deem 
it  necessary  and  proper. — Tliis  power  should  be  liberally  exercised  for  the  benefit 
of  the  district ;  and  the  trustees  should  call  special  meetings  whenever  requested 
for  any  legal  object  by  a  respectable  number  of  the  iiiiiabitants,  notwithstand- 
ing the  trustees  may  themselves  be  opposed  to  the  object.  If  the  inhabitants 
have  repeatedly  acted  upon  a  subject  in  such  a  manner  as  to  show  that  their 
determination  has  been  definitively  formed,  and  is  not  likely  to  be  altered,  it  is 
not  the  duty  of  the  trustees  to  be  made  the  instruments  of  a  factious  minority, 
by  harassing  them  witli  calls  to  reconsider  the  matter.  But  except  in  such 
case,  or  when  the  purjjose  is  clearly  illegal,  it  is  very  much  a  matter  of  course 
that  a  meeting  should  be  ordered  by  the  trustees,  or,  in  case  of  their  refusal,  by 
the  State  Superintendent.  Application  to  him  for  this  purpose  must  be  upon 
notice  to  the  trustees,  in  the  manner  and  form  of  an  appeal  from  their  refusal. 

It  is  no  objection  to  the  call  of  a  special  meeting  that  a  meeting  having  tho 
same  subject  under  consideration  stands  adjourned.  (7  Mete,  509.) 

2.  To  give  notice  of  special,  annual  and  adjourned  meetings  in,  the  manner  prescribed 
in  the  sixth  section  of  this  title,  if  there  be  no  clerk  of  the  district,  or  he  be  absent  or  inca- 
fable  of  acting. — This  is  a  ministerial  duty,  which  may  be  performed  by  one  of 
the  trustees,  imder  a  resolution  of  the  board,  or  they  may  di\'ide  the  district 
into  sections,  assigning  the  duty  of  giving  the  notice  in  each  to  one  of  their 
number.  This  power  should  be  exercised  by  them  in  the  case  of  a  refusal  of 
the  clerk  to  give  a  notice.  It  is  believed  they  may  in  such  case  delegate  tho 
ministerial  duty  to  any  inhabitant,  furnisliing  him  with  a  written  authority, 

18 


138  School  District  Meetings  and  Officees. 

under  their  hands,  which  can  be  exhibited  to  the  inhabitants  whom  he  person- 
ally notifies,  and  with  written  notices,  signed  hrj  the  irimtees,  to  be  left  at  the 
houses  of  those  whom  he  may  find  absent  from  home. 

3.  To  make  out  a  tax  list  of  every  district  tax  voted  by  any  such  meeting,  or  author- 
ized by  lair,  containing  the  names  of  all  the  taxable  inhabitants  residing  in  the  district  at 
the  time  of  making  out  the  list,  and  the  amount  of  tax  payable  by  each  inhabitant  set 
opposite  to  Jiis  name. — In  4  Denio,  125,  the  supreme  court  held  a  warrant  void 
where  one  of  the  trustees  made  out  a  tax  list,  and  took  the  list  and  warrant  to 
a  second,  who  signed,  but  the  other  trustee  was  not  consulted.  In  3  Denio,  598, 
the  court  held  an  assessment  void  which  was  made  and  signed  by  two  assessors, 
the  third  being  present  in  the  room  where  it  was  made,  but  not  being  consulted 
or  taking  any  part  in  the  business.  This  fact  was  permitted  to  be  shown  by 
the  e\idence  of  one  of  the  assessors  who  acted,  to  repel  the  legal  presumption 
that  all  had  been  consulted.  The  decision  was  affirmed  by  the  court  of  appeals. 
(1  Comst.,  79.) 

The  trustees  should  meet  for  the  purpose  of  making  out  a  tax  list  Avithin  tea 
days  after  the  meeting  at  which  the  tax  is  voted,  so  that  if  it  be  necessary  to 
resort  to  any  other  evidence  than  the  last  town  assessment  roll  for  the  valua- 
tion of  property,  or  if  a  reduction  shall  be  claimed,  they  may  give  twenty  days' 
notice,  and  complete  the  tax  list  at  the  expiration  of  thirty  days  after  the  dis- 
trict meeting.  It  would  be  well  for  them  to  give  notice  at  the  district  meeting 
of  the  time  and  place  at  which  they  will  meet  to  make  a  tax  list,  so  that  any 
inhabitant  concei\-ing  himself  entitled  to  reduction  may  appear  and  be  exam- 
ined on  oath  in  regard  to  it.  The  mode  of  proceeding  in  arriving  at  valuation 
and  making  the  roll  will  be  treated  more  at  large  in  the  comments  upon  a 
succeeding  section.  It  is  proper  to  remark  here  that  the  heading  of  every  tax 
list  should  specify  for  what  purposes  and  under  what  authority  every  sum  in- 
cluded therein  is  levied.  Whenever  any  controversy  is  anticipated  in  regard 
to  any  tax,  it  should  be  made  on  a  separate  list  from  others  voted  at  the  same 
meeting,  so  as  not  to  embarrass  or  delay  the  collection  of  that  which  is  undisputed 

4.  To  annex  to  such  tax  list  a  warrant,  directed  to  the  collector  of  the  district, 
for  the  collection  of  the  sums  in  such  lists  mentioned. — The  form  of  a  warrant 
will  be  given  in  another  place.  The  supreme  court  (18  Barb.,  331)  have  stated 
it  as  "  remarkable  that  the  school  laws,  as  they  now  stand,  contain  no  provision 
limiting  or  dii-ecting  tlie  time  witliin  which  the  warrant  shall  direct  the  collec- 
tor to  collect  or  return  the  warrant."  It  is,  however,  clearly  contemplated  by 
the  statute  that  the  warrant  shall  mention  a  time  within  which  it  is  to  be  exe- 
cuted, and  the  practice  has  been  to  fix  it  at  thirty  days,  which  was  the  period 
fixed  by  section  100,  chapter  480  of  1847,  prior  to  the  amendment  made  by 
section  5,  chapter  383  of  1849.  It  is  better  to  conform  to  that  practice  than  to 
fix  any  other  period,  unless  in  a  case  where  it  is  palpable  that  an  immediate 
Cfjllectlon  is  unnecessary,  and  the  convenience  of  the  tax  payers  is  to  be  greatlv 
promoted  by  a  brief  extension. 

5.  To  purchase  or  lease  a  site  for  the  district  school-house  or  school-houses,  as  desig- 
nate.d  by  a  irf.etinj  of  the  district,  and  to  build,  hire  or  purchase  such  school-house  as 
may  he  so  designated,  and  to  keep  'in  repair  and  furnish  such  sclwol-liouse  with  neces- 


i 


School  Distkict  Meetings  and  Officers.  139 

$anj  fuel  and  appendages,  and  to  pay  the  expense  thereof  hy  tax,  but  such  expense  shall 
mot  eoccetd  fiftij  d<jUars  in  any  one  year,  unless  authorized  by  the  district  or  by  law. — 
This  power  is  necessarily  exclusive.  A  practice  has  grown  up  in  some  quarters 
of  appointing  a  building  committee  by  the  district  meeting  to  superintend  tho 
erection  of  a  school-house.  So  far  as  a  building  committee  act  in  aid  of  the  trus- 
tees, by  their  advice  and  personal  service  in  carrying^  into  execution  the 
%vishes  of  the  inhabitants,  under  the  direction  of  the  trustees,  there  is  no  objec- 
tion. But  the  trustees  alone  have  the  power  to  bind  the  district  by  a  contract, 
•written  or  verbal,  and  the  district  cannot  supersede  them  by  a  building  com- 
miteee  or  any  other  agents.  It  is  in  the  power  of  the  inhabitants,  through  the 
agency  of  a  committee  or  otherwise,  to  procure  plans  and  specifications,  to  the 
minutest  detail,  for  a  school-house  or  other  mechanical  structure  in  contempla" 
tion.  They  may  in  district  meeting  select  among  those  thus  procured,  and 
may,  by  the  resolution  authorizing  the  building,  limit  the  power  to  making  a 
contract  according  to  the  plan  and  specifications  adopted.  This  is  the  only 
method  of  controlling  the  discretion  of  the  trustees  in  the  matter.  It  rests 
with  the  trustees  to  accept  or  reject  the  work,  unless  the  inhabitants,  in  the 
vote  authorizing  the  building,  have  appointed  or  provided  for  the  appointing 
of  other  arbiters.  Tliis  they  may  do,  by  directing  it  to  be  inserted  in  the  con- 
tract with  the  builder  that  the  saflficlencj'-  of  the  materials  and  workmanship 
under  the  contract  shall  be  determined  by  persons  named  in  the  resolution, 
with  the  power  to  deteraiine  what  sum  shall  be  deducted  as  damages  from  the 
contract  price,  or  to  reject  it  wholly ;  or  by  nominating  in  the  resolution  an 
arbitrator  on  the  part  of  the  district,  and  requiring  the  builder  to  nominate 
another,  with  power  to  the  two  to  choose  an  umpire  in  case  of  disagreement, 
Buch  arbitrators  to  assess  damages  or  reject  the  work  entirely,  and  securing  to 
the  trustees  in  the  latter  case  the  right  to  remove  the  building  from  the  site  at 
the  expense  of  the  builder,  unless  he  removes  it  himself  upon  notice  to  do  so. 

A  stringent  contract,  which  should  in  all  cases  be  in  writing,  with  such  pro- 
\'isions  for  the  summary  adjustment  of  any  questions  which  may  arise  under 
it,  will  relieve  the  trustees  from  much  personal  responsibility  and  trouble,  as 
well  as  protect  the  district  from  quarrels  and  litigation,  which  in  any  event 
are  disastrous. 

C.  To  have  the  cuifody  and  safe  keeping  of  the  district  school-home  or  houses, 
their  sites  anil  appurtenances. — The  trustees  are  charged  with  the  custody 
of  the  school-house  for  the  purpose  of  public  instruction ;  and  it  is  their 
duty  to  exercise  such  a  general  supervision  over  its  care  and  management 
tliat  tlie  instruction  of  the  pupils  in  the  school  shall  not  be  embarrassed  by  any 
use  of  the  house  other  than  for  school  purposes,  and  that  the  property  of  tho 
district,  and  the  furniture,  books  and  papers  belonging  to  the  school  or  tho 
pupils,  shall  not  bo  destroyed  or  injured.  Any  use  of  the  house  in  subordina- 
tion to  these  restrictions,  and  not  inconsistent  with  the  main  purposes  for  which 
it  was  designed,  may  be  allowed  by  the  trustees,  or  either  of  them,  under 
authority  of  section  52  of  this  title,  which  was  passed  to  prevent  the  disputes 
continually  arising  about  the  right  and  power  of  the  trustees  to  permit  tho 
school  house  to  be  used  for  any  purpose  but  a  common  school.     Whenever  the 


140  School  District  Meetings  and  Officees. 

trustees  do  permit  the  house  to  be  used  for  instruction  in  music,  or  for  lectures, 
or  for  any  other  educational  purpose,  it  would  seem  to  be  the  duty  of  the 
trustees  to  require  such  a  remuneration  for  the  use  as  may  be  sufficient  to  clean 
the  rooms,  and  to  indemnify  the  district  against  casual  damage  and  wear. 
There  is  no  good  reason  why  the  expenses  of  the  district  should  not  be  light- 
ened by  the  trifling  revenue  derivable  from  the  occasional  use  of  its  house, 
when  not  wanted  for  school  purposes,  and  in  a  manner  not  to  interfere  with 
them.  The  trustees,  however,  cannot  make  any  permanent  contract  for  the 
occupation  of  the  school-house.  They  can  simply  give  a  license,  revocable  at 
their  own  discretion,  which  they  cannot  by  contract  foreclose  themselves  from 
exercising  as  the  public  good  may  require  at  any  moment.  Strictly  speaking, 
under  section  53,  they  can  grant  no  ricjlit  to  use  the  district  property  for  any 
other  than  educational  purposes ;  they  can  only  by  their  acquiescence  estop 
themselves  from  bringing  an  action  for  the  act  of  entering  the  school-house, 
which  would  otherwise  bo  a  trespass.  Nothing  should  be  tolerated  wluch 
may  give  occasion  to  a  controversy  among  the  inliabitants. 

As  the  custody  of  the  building  is  vested  in  all  the  trustees,  all  have  the  right 
of  visiting  and  inspecting  it  at  all  times,  and  a  majority  of  the  trustees  cannot 
exclude  the  third. 

Either  of  the  trustees  may  prevent  the  school -house  from  being  iiscd  for  any 
purpose,  except  the  common  school,  by  forbidding  the  others  to  give  their 
consent  to  such  use. 

7  and  8.  To  'insure  the  scliool-house,  or  houses,  and  their  furniture  and  school  appa- 
ratus, and  to  insure  the  district  llhrary. 

The  direction  to  insure  should  be  by  a  resolution  passed  at  a  regular  meeting 
of  the  inhabitants. 

The  company  must  be  one  incorporated  under  the  laws  of  this  State. 

The  insurance  once  made  the  trustees  may  raise  a  tax  for  the  annual  premium, 
when  it  becomes  due,  or  may  add  the  amount  to  any  other  tax  list. 

9.  To  contract  with  ayid  employ  all  teachers  in  the  district  school  or  schools;  hut  no 
person  who  is  within  tivo  degrees  of  relationship  by  blood  or  marriage  to  any  such 
trustee  shall  be  so  employed,  except  tuith  the  approval  of  two-thirds  of  the  voters  of 
sixh  district  present  and  voting  upon  the  question  at  an  annual  or  special  meeting  of  the 
district. — Any  person  employed  in  disregard  of  the  foregoing  provision  shall 
have  no  claim  for  wages  against  tlie  district,  but  may  enforce  the  specific 
contract  made  against  the  trustee  or  trustees  consenting  to  such  employment 
as  individuals. 

The  ])Ower  to  contract  for  the  district  is  a  power  to  contract  with  such  teachers 
only  as  the  law  authorizes  the  inluibitants  to  expect,  teachers  to  the  payment 
of  whose  wages  public  monty  may  be  ajipliod,  that  is,  teachers  possessing,  at 
the  time  of  making  the  contract,  a  regular  and  valid  certificate  of  qualification. 
The  inhabitants  have  no  power  to  engage  nor  to  discharge  a  teacher.  It  is  a 
fraud  upon  the  inhabitants  to  engage  a  teacher  not  then  possessing  a  certificate, 
without  express  notice  to  them  that  until  he  shall  obtain  one  the  school  is  to  bo 
in  effect  a  'private  school.  It  is  difficult  to  find  any  principle  upon  vvhicli  the 
trustees  can  be  authorized,  by  any  official  action,  to  provide  for  the  payment  of 


School  District  Meetings  and  Officers.  141 

such  a  teaclier.  In  the  mean  time  the  only  mode  for  trustees  to  secure  thcm- 
^selves  against  a  dangerous  personal  responsibility  is  to  meet  as  a  board  and 
insist  upon  the  actual  production  of  a  certificate  before  contracting  with  a 
teacher. 

A  practice  has  prevailed  to  a  very  considerable  extent  of  trustees  engaging 
with  a  teacher  that  he  shall  board  with  the  parents  of  the  children  alternately. 
There  is  no  authority  for  such  a  contract,  and  it  cannot  be  enforced  on 
the  inhabitants.  This  compulsory  boarding  gives  occasion  to  constant  alter- 
cation and  complaint,  which  often  terminates  in  breaking  up  the  school.  The 
best  arrangement  is  to  give  the  teacher  a  specific  sum  as  wages  and  let  him 
board  himsc^lf.  If,  however,  some  persons  are  willing  to  board  a  teacher  gratui- 
tously, and  thereby  save  the  district  from  taxation,  there  can  be  no  objection. 

The  amount  of  the  compensation  to  be  paid  to  teachers  is  within  the  discre- 
tion of  the  trustees  exclusively.  The  inhabitants  have  no  power  to  control  them 
in  this  respect,  nor  in  the  selection  of  the  individuals  to  be  employed,  though 
the  trustees  would  act  most  unwisely  in  disregarding  their  preferences  and 
wishes,  when  reasonable  and  just.  There  is  little  danger  that  they  will  abuse 
their  discretion  in  making  the  compensation  too  high.  The  wages  of  teachers  are 
generally  quite  inadequate,  those  of  females  scandalously  so.  It  is  a  reproach  to 
our  civilization  that  a  woman  should  earn  less  as  a  teaclier  than  she  might  in  a 
cotton  mill  or  as  a  dressmaker,  especially  as  the  qualities  of  her  sex  admirably 
adapt  her  for  the  instruction  of  the  yomig.  Trustees  may  be  very  certain  that 
in  purchasing  the  ser^^ces  of  a  teacher,  as  in  every  other  business  transaction, 
the  way  to  get  a  good  article  is  to  offer  a  fair  price,  and  that  the  most  wretched 
economy  in  the  world  is  to  employ  a  poor  teacher.  They  would  grudge  no 
price  to  secure  a  skillful  physician  to  restore  the  bodily  health  and  \igor  of 
their  own  children.  They  would  never  commit  a  watch  to  a  bmigler,  because 
he  offered  to  tinker  at  it  for  slender  pay ;  what  right  have  they  to  deal  more 
stingily  in  selecting  and  paying  the  person  who  is  to  deal  with  an  organization 
so  much  more  delicate  and  intricate  than  a  watch,  as  the  minds  and  souls  of 
the  children  of  an  entire  community,  and  through  whose  ignorance  or  error 
they  may  imbibe  poison  instead  of  nutriment  or  medicine  ? 

The  following  is  suggested  as  a  proper  form  for  a  contract  to  be  drawn  up  in 
duplicate,  one  copy  to  be  filed  with  the  district  clerk,  the  other  retained  by  the 
teacher,  viz.  : 

A.  B.,  having  produced  to  the  trustees  of  District  Xo.  ,  in  the  town 

of  ,  a  certificate  (or  diploma  of  normal  school)  found  in  due  form  to 

license  him  to  teach  a  common  school  in  said  district  (as  first  assistant  or  in  the 
primary  dej)artment,  as  the  case  may  be,  if  the  certificate  is  limited),  is  hereby 
engaged  for  the  term  of  weeks,  provided  his  certificate  shall  so  long  continue 
in  force,  to  instruct  the  school  of  said  district  hours  in  each  day,  exclusive  of 
Sundays,  Saturdays  and  customary  holidays,  and  the  time  he  may  spend  in 
attendance  on  teachers'  institutes,  for  the  wages  of  dollars  per  week. 

The  said  A.  B.  faithfully  performing  his  duties  as  such  teacher,  the  trustees 
engage  to  exercise  their  legal  powers  in  providing  for  the  payment  of  his 


142  School  Distkict  Meetings  and  Officers. 

wages  aforesaid,  by  giving  liim  orders  on  the  supervisor  (monthly,  or  as  may 
be  agreed)  to  the  amount  of  ,  (so  much  of  the  public  money  appropriated 

to  the  term  as  may  be  apportioned  to  the  teacher  iipon  a  fair  division  thereof 
among  all  the  teachers  employed  at  the  same  time)  for  his  whole  term  of 
service,  and  in  proportion  for  a  less  time,  and  at  the  expiration  of  the  tenn, 
upon  being  furnished  by  said  teacher  with  e\'idence  that  he  has  properly  kept 
the  register  of  attendance  of  the  pupils,  and  that  he  has  verified  the  correct- 
ness of  his  registration  by  his  oath,  and  delivered  the  register  to  the  district 
clerk  to  make  out  a  tax  list  for  the  collection  of  the  residue  of  his  wages,  pro- 
viding there  be  not  money  enough  applicable  to  the  pajTnent  of  teachers'  wages 
in  the  hands  of  the  collector,  and  to  give  him  an  order  on  the  collector  therefor. 

Where  a  teacher  was  employed  by  one  of  the  trustees  only,  after  consulting 
the  others  separately,  and  all  three  of  the  trustees  sent  children  to  the  school, 
as  did  the  district  generally,  it  was  held  by  the  supreme  court  (15  Barb.,  323) 
that  having  performed  the  agreement  on  her  part,  she  was  entitled  to  recover 
the  compensation,  on  the  ground  that  the  action  was  brought  on  an  executed 
contract,  and  "  that  where  a  person  is  employed  for  a  corporation  by  one  assum- 
ing to  act  in  its  behalf,  and  goes  on  and  renders  the  services  according  to  the 
agreement,  with  the  knowledge  of  its  officers  and  without  notice  that  the  con- 
tract is  not  recognized  as  valid  and  binding,  such  corporation  will  be  held  to 
have  sanctioned  and  ratified  the  contract.  *  *  Where  the  contract  is  still 
executory,  and  nothing  has  been  done  under  it,  and  the  action  is  to  recover 
damages  merely  for  non-performance,  it  is  for  the  plaintiff  to  show  a  legal  con- 
tract binding  upon  the  corporation.     But  this  is  not  that  case." 

This  is  sufficient  for  the  teacher  while  the  consent  lasts  ;  but  the  difficulty 
in  respect  to  the  trustees  is,  that  those  who  have  given  their  consent  in  this 
irregular  manner  may  revoke  it,  and  leave  the  one  who  made  the  contract  per- 
sonally liable  to  damages,  without  any  claim  to  be  indemnified  by  the  district. 

A  teacher  once  employed  cannot  be  dismissed,  without  some  violation  of  tho 
contract  on  his  part,  during  the  time  for  which  it  was  to  continiae.  A  teacher 
who  is  so  unfortunate  as  to  fail  to  give  satisfaction  to  the  inhabitants  is  still 
entitled  to  retain  his  place,  unless  it  is  forfeited  by  positive  misconduct,  such 
as  amounts  to  a  breach  of  the  contract,  or  would  justify  the  annulling  of  hia 
certificate. 

In  the  emplo}'ment  of  teachers,  the  trustees,  besides  requiring  the  legal  qiial- 
ifications,  must  also  inquire  into  the  legal  disabilities  of  the  candidate.  They 
cannot  liire  a  teacher  standing  toward  themselves  in  the  second  degree  of 
rclationsliip  by  blood  or  marriage.  By  our  laws,  in  calculating  the  degree  of 
relationshi]),  the  count  is  made  of  all  the  generations  between  the  two  persona 
whose  relationship  is  sought.     This  is  according  to  the  civil  law. 


School  District  Meetings  and  Officers. 


143 


In  tlie  following  table,  you  desire  to  know  the  relationship  between  John 
Stiles  and  his  grandfather  or  grandmother.  You  count  one,  two,  and  find 
tliem  in  the  second  degree.  Between  John  Stiles  and  his  grandson  or  grand- 
daughter it  is  the  same,  and  the  same  between  him  and  his  brother.  The 
relationship  between  Flora  Stiles,  granddaughter,  and  Matthew  Stiles,  grand- 
son, is  in  the  fifth  degree.     Such  is  the  rule  in  New  York. 


Oliver  Stiles. 
Grandfather. 

Jane  Bascom. 

Grandmotlicr. 

Geoffrey  Stiles. 
Father. 

Lucy  Baker. 
Mother. 

^ 

^^"<^ 

Leonard  Stiles. 
Brother. 

JOHN    STILES. 

Louisa  Stiles. 
Sister. 

^^-^ 

Gilbert  Stiles. 
Sou. 

Martha  Stiles. 
Daughter. 

Matthew  Stiles. 
Graudsou. 

Flora  Stiles. 
Granddau.^hter. 

144  School  District  Meetings  and  Officers. 

In  the  foregoing  table  we  will  suppose  Jolin  Stiles  to  be  trustee.  It  will  be 
seen  that  he  cannot  hire,  as  a  teacher,  his  father  nor  grandfather,  his  son  nor 
his  grandson,  nor  the  wife  of  either  of  them  ;  his  mother  nor  his  grandmother, 
his  daughter  nor  his  granddaughter,  nor  the  husband  of  either  of  them  ;  nor 
his  brother  nor  brother's  wife,  nor  his  sister  nor  sister's  husband,  for  each  of 
these  i^ersons  is  related  to  him  in  the  first  or  second  degree. 

Every  trustee,  when  about  to  hire  a  teacher,  must  put  himself  in  the  place 
of  John  Stiles,  and  then  count  two  degrees  from  himself  in  the  ascending  or 
descending  line,  and  all  who  come  within  that  coimt  are  within  the  prohi- 
bition ;  all  beyond  it  he  may  hire.  For  instance,  he  may  hire  his  nephew  or 
niece,  his  uncle  or  his  aunt,  the  brother  or  sister  of  his  brother's  wife,  or  the 
brother  or  sister  of  his  daughter's  husband. 

This  prohibition  may  be  waived  by  the  district.  If,  for  reasons  satisfactory 
to  the  inhabitants,  they  are  willing  that  the  trustees  may  employ  a  person 
within  the  prohibited  degree  of  relationship,  they  may,  by  a  vote  of  two-thirds 
of  the  voters  present  and  voting  at  the  meeting,  grant  them  dispensation. 
There  may  often  be  excellent  reasons  found,  in  the  superior  qualifications  of 
some  persons,  why  the  trustees  should  be  released  from  the  obligation  of  tais 
law. 

10.  To  pay  toward  the  ivages  of  such  teachers  as  are  qualified,  the  public  moneys 
apportioned  to  the  district,  and  legally  applicable  thereto,  by  giving  them  Orders  on  the 
supervisor  therefor,  aiid  to  collect,  as  herein  provided,  the  residue  of  such  loages  by  dis- 
trict tax. 

It  will  be  observed  that  this  power  is  confined  in  express  terms  to  the  pay- 
ment of  qualified  teachers.  "  Any  trustee  who  applies,  or  directs  or  consents  to 
the  application  of  any  such  money  to  the  payment  of  an  unqualified  teacher's 
wages,  thereby  commits  a  misdemeanor ;  and  any  fine  imposed  upon  him  there- 
for sliall  be  for  the  benefit  of  the  county."  The  public  money  apportioned  for 
the  year  is  to  be  exhausted  in  paying  the  teachers  for  services  rendered  during 
that  year.  The  year  ends  with  the  oOth  of  September,  and  the  whole  of  the 
public  money  of  the  year  should  be  earned,  and  orders  for  it  drawn  on  or  before 
that  day. 

The  public  money  apportioned  for  teacliers'  wages  can  be  applied  to  no  other 
purpose  whatever,  and  therefore  an  order  drawn  upon  the  supervisor  should 
show  upon  its  face  that  it  is  in  compliance  with  the  statute.  The  form  may  be 
as  follows : 


To  J.  D.,  supervisor  of  the  town  of  : 

Pay  to  A.  C,  or  order,  dollars  cents,  on  account  of  wages 

earned  by  him  when  duly  qualified  as  a  teacher  in  district  No.  ',  in  said 

town,  between  the  day  of  and  the  day  of  ,  18     . 

Dated  ,  18    . 

E.  F.,  ) 
C.  I).,  [ 


Trustees 


a.  II.',  j  ^"'-  ''^°- 


School  District  Meetings  and  Officers.  145 

The  wages  of  a  teacher  include  the  whole  compensation  allowed  him  for 
beard,  lodging,  or  any  other  object.  In  drawing  an  order  any  sum  allowed  for 
loard,  etc.,  should  be  denominated  wages.  The  order  can  be  drawn  only 
in  favor  of  the  teacher.  If  he  desires  to  apply  the  proceeds  to  the  pay- 
ment of  a  private  debt,  for  board  or  other  consideration,  he  can  indorse 
it  to  his  creditor,  but  it  is  for  him  and  not  for  the  trustees  to  distribute  his 
wages. 

Every  teacher  should  be  paid  promptly  at  the  close  of  liis  term.  All  that  the 
trustees  can  lawfully  require  is  a  fulfillment  of  his  contract,  which  may  include 
the  duty  of  keeping  the  teacher's  register,  and  list  of  daily  attendance.  When 
be  has  placed  them,  duly  verified,  in  the  hands  of  the  clerk  of  the  district,  he 
can  demand  an  order  for  his  wages. 

If  the  inhabitants,  as  they  have  power  to  do,  vote  a  tax  at  the  annual  meet- 
ing, to  pay  the  residue  of  the  teacher's  wages,  after  the  application  thereto  of 
so  much  of  the  public  money  as  may  be  set  apart  for  the  term,  then  the  trus- 
tees can  be  always  in  funds.  There  is  no  reason  why  the  tax  list  should  not 
be  made  out,  and  the  money  collected,  and  in  the  hands  of  the  collector,  ready 
to  pay  any  order  as  soon  as  drawn. 

11.  To  divide  the  public  moneys  apportioned  to  the  district,  whenever  authorized  hy 
a  vote  of  their  district,  into  two  or  more  portions  for  each  year ;  to  assign  and  apply 
one  of  such  portions  to  each  term  during  which  a  school  shall  he  kept  in  such  district, 
for  the  payment  of  teachers''  wages  during  such  term,  and  to  collect  the  residue  of  such 
wages  not  paid  by  the  proportion  of  public  money  allotted  for  that  purpose  by  district 
tax,  as  herein  provided.  Where  the  inhabitants  have  not  made  a  division  of  the  public 
money  by  resolution,  the  trustees  have  the  power  to  make  such  division  as  they  deem, 
just  and  expedient. 

The  statute  authorizes  the  people  at  a  duly  assembled  meeting  to  di%ide  the 
year  into  as  many  terms  as  they  please,  and  to  direct  what  portion  of  the  public 
money  shall  be  applied  to  each  term.  As  any  deficiency  is  hereafter  to  be 
made  good  by  a  district  tax,  it  is  of  less  consequence  than  formerly  that  it 
should  be  divided. 

The  amount  of  public  money,  under  the  amended  law,  will  nearly  pay  the 
wages  of  a  good  teacher  in  every  district  in  the  State  for  a  term  of  twentj'-cight 
weeks.  It  is  to  be  hoped  that  the  districts  in  the  country  will  emulate  the 
cities,  and  vote  money  enough  to  keep  open  their  schools  for  at  least  ten  months 
in  each  year. 

The  public  moneys  payable  on  the  order  of  the  trustees  are  the  moneys  in 
the  hands  of  the  supervisor,  apportioned  from  the  State  treasury,  and  the 
income  of  town  or  local  funds,  the  tuition  bills  of  non-resident  children,  and 
the  income  of  district  funds,  if  there  be  any.  The  money  from  all  these  sources 
should  be  exhausted  before  drawing  on  the  collector  of  the  district  for  any  part 
of  the  district  tax. 

The  trustees  may  at  any  time,  if  they  are  under  contract  to  pay  a  teacher 
his  wages,  and  there  is  no  money  in  the  hands  of  the  supervisor,  levy  a  tax  for 
the  amount.     They  are  not  by  law  required  to  wait  for  the  apportionment  of 
the  public  money. 
19 


146  School  Disteict  Meetings  and  Officeks. 

\2.  If  the  library  money  appo7-tioned  to  the  distrcit  he  less  than  three  dollars^  to 
apphj  it  to  the  payvient  of  teachers'  wages. 

The  trustees  must  ascertain  wliat  amount  of  library  money  has  been  appor- 
tioned to  the  district.  If  it  is  more  than  three  dollars  they  must  expend  it  in 
the  purchase  of  books. 

By  reference  to  subdi^^sions  13  and  14,  it  will  be  seen  that  all  public  and 
district  moneys  must  be  drawn  by  a  written  order  upon  the  persons  having  the 
custody  of  the  same. 

§  50.  The  trustees  may  expend,  in  necessary  and  proper  repairs 
of  each  school-house  under  their  charge,  a  sum  not  exceeding 
twenty  dolhirs  in  any  one  year.  They  may  also  expend  a  sum  not 
exceeding  fifty  dollars  in  the  erection  of  necessary  out-buildings, 
where  the  district  is  wholly  unprovided  with  such  buildings. 
They  may  also  make  any  repairs  and  abate  any  nuisances,  pursu- 
ant to  the  direction  of  the  school  commissioner  as  ligyeinbefore 
provided;  and  provide  fuel,  pails,  brooms,  and  other  implements 
necessary  to  keep  the  school-house  or  houses  clean,  and  make 
them  reasonably  comfortable  for  use,  and  not  provided  for  by  a 
vote  of  the  district ;  and  may  also  provide  for  building  fires,  and 
cleaning  the  school  room,  by  arrangement  with  the  teacher  or 
otherwise.  They  shall  provide  the  bound  blank  books  for  the 
entering  of  their  accounts,  and  the  keeping  of  the  school  lists, 
the  records  of  the  district,  and  the  proceedings  of  district  and 
trustee  meetings.  Whenever  it  shall  be  necessary  for  the  due 
accommodation  of  the  children  of  the  district,  they  may  hire 
temporarily  any  room  or  rooms  for  the  keeping  of  schools  therein. 
Any  expenditure  made  or  liability  incurred,  in  pursuance  of  this 
section,  shall  be  a  charge  upon  the  district. 

To  pay  the  expenses  incurred  under  this  section,  the  trustees  may  levy  a 
special  tax,  or  may  add  the  amount  expended  to  any  tax  list  lawfully  made. 

The  better  course  for  the  trustees  and  the  district  is  to  have  an  estimate 
carefully  made,  in  items,  of  the  expenditures  for  the  year,  and  presented  at  tho 
annual  meetinpf.  Let  it  be  canvassed  at  the  meeting:,  and  a  tax  voted  suffi- 
cient to  cover  the  expense. 

The  most  important  sentence  in  this  section  is  the  one  which  authorizes  tho 
hirinpr  of  rooms,  temporarily,  for  the  keeping  of  school.  The  trustees  can  offer  no 
excuse  for  not  having  a  school  for  twenty-eight  weeks,  on  the  ground  tliat  the 
Bchool-house  is  not  in  good  repair.  If  such  is  the  fact,  then  the  trustees, 
under  this  section,  have  power  to  liire  a  room  or  rooms.  If  the  school-house 
will  not  comfortably  accommodate  all  the  children  of  a  district,  a  room  may  bo 
hired  and  another  school  organized. 


School  District  Meetings  and  Officers.  147 

§  51.  When  trustees  are  required  or  authorized  by  law,  or  by  a 
vote  of  their  district,  to  incur  any  expense  for  such  district,  and 
when  any  expenses  incurred  by  them  are  made,  by  expi-ess  pro- 
vision of  law,  a  charge  upon  such  district,  they  may  raise  the 
amount  thereof  by  tax  in  the  same  manner  as  if  the  definite  sum 
to  be  raised  had  been  voted  by  a  district  meeting. 


This  provision  first  came  into  force  as  section  14,  chapter  260  of  1841.  The 
supreme  court,  commenting  upon  it,  in  4  Denio,  298,  says :  "  It  is  said  that  the 
etatiite  ought  to  be  so  construed  as  to  confine  its  operations  to  small  incidental 
expenses  incurred  by  the  trustees.  But  the  language  is  general,  and  there  is 
nothing  which,  upon  any  just  principle  of  interpretation,  will  warrant  us  in 
restricting  the  provisions  to  any  particular  class  of  expenses."  That  case  was 
one  in  which  the  district  had  voted  to  build  a  school-house,  and  the  materials 
and  dimensions  specified  were  such  as  to  have  the  effect  of  bringing  the  cost 
within  four  liundred  dollars,  and  it  was  held  that  "if  the  district  had  left  the 
wliole  within  the  discretion  of  the  trustees,  and  they  had  kept  within  the  four 
hundred  dollars,  the  act  of  1841  would  have  authorized  them  to  levy  the  tax." 
The  object  of  this  section,  however,  is  simply  to  dispense  with  the  necessity  of 
fixing  a  di-Jinite  amount  to  authorize  the  levying  of  a  tax,  and  it  has  not  the  effect 
of  permitting  the  trustees  to  \Q\y  a  tax,  under  the  vote  of  a  district  for  expenses 
incurred  for  any  pur£qseJoT:  which  the  law_jiaa.uot^_conferred  the  power  upon 
the  inhabitants  of  voting  a  definite  tax.  If  the  inhabitants  cannot  lay  the  tax 
directly,  they  cannot  effect  the  same  object  by  directing  the  trustees  to  expend 
money  or  to  do  acts  involving  the  expenditure  of  money. 

Among  the  expenses  made  by  express  provision  of  law  a  charge  upon  the 
district,  and  which  the  trustees  are  authorized  to  incur  without  any  vote  of 
their  district,  is  that  of  hiring  temporarily  any  room  or  rooms  for  the  keeping 
of  schools  therein,  whenever  it  shall  be  necessary  for  the  accommodation  of 
the  children. 

It  is  believed  that  a  tax  list,  for  any  expen.sc  incurred  under  this  section,  may 
be  separate,  or  the  amount  may  be  included  in  any  other  tax  list  necessary  to  be 
made  out  at  the  time  when  the  amount  of  such  expenses  shall  have  been  ascer- 
tained. It  is,  however,  the  duty  of  the  trustees,  when  practicable,  to  ascertain 
the  definite  amount,  and  to  make  out  the  tax  list  therefor  within  thirty  days 
after  the  meeting  at  which  the  expenditure  may  have  been  authorized.  When 
any  tax  under  this  section  is  included  in  the  same  tax  list  with  others,  the  head- 
ing should  distinctly  specify  the  amount,  the  object  and  the  authority  ;  as  by  say- 
ing, for  cxam])le  :  •'  Also,  twelve  dollars  for  the  expense  of  temporarily  hiring 
rooms  for  the  keeping  of  schools  therein,  necessary  for  the  accommodation  of 
the  children  in  said  district,  from  the  first  day  of  May  to  the  first  day  of  Augr.st, 
1857 ;  also,  eight  dollars  and  ninety-three  cents  for  the  expenses  incurred  in 
grading  and  draining  the  site  of  the  school-house,  under  the  resolution  of  a 
district  meeting  held  April  12,  1857." 


148  School  District  Meetings  and  Officers, 

§  52.  Tlie  trustees,  or  any  one  of  them,  if  not  forbidden  by 
finotlier,  may  freely  permit  the  school-house,  when  not  in  use  for 
the  district  school,  to  be  used  by  persons  assembling  therein  for 
the  purpose  of  giving  and  receiving  instruction  in  any  branch  of 
education  or  learning,  or  in  the  science  or  practice  of  music.  [See 
co)n7nents  on  subdivision  6,  of  section  49.) 

§  53,  They  shall  procure  two  bound  blank  books  for  the  district, 
and,  when  necessary,  others  in  their  place.  In  one  of  them,  at  or 
before  each  annual  district  meeting,  they  shall  enter  at  large,  and 
sign  a  statement  of  all  movable  property  belonging  to  the  district, 
and  their  accounts  of  all  moneys  received  or  drawn  for  or  paid  by 
them,  and  they  shall  deliver  this  book  to  their  successors.  In  the 
other,  the  teachers  shall  enter  the  names  of  the  pupils  attending 
school,  their  ages,  the  names  of  the  persons  who  send  them,  and 
the  number  of  days  each  pupil  attends,  and  also  the  facts  and  the 
dates  of  each  inspection  of  the  school  by  the  school  commissioner 
or  other  official  visitor,  and  any  other  facts,  in  such  form  as  the 
Superintendent  of  Public  Instruction  shall  require ;  and  each 
teacher  shall,  by  his  oath  or  affirmation,  verify  his  entries  in  such 
book,  and  the  entries  shall  constitute  the  school  lists  from  which 
the  average  daily  attendance  shall  be  determined ;  and  such  oath 
or  affirmation  may  be  taken  by  the  district  clerk,  but  without 
charge.  Until  the  teacher  shall  have  so  made  and  verified  such 
entries,  the  trustees  shall  not  draw  on  the  supervisor  for  any  por- 
tion of  his  wa2:es. 


The  account  to  be  entered  by  the  trustees  should  specify  every  sum  of  money 
received  by  them,  or  any  one  of  them,  in  his  official  capacity,  and  of  all  orders 
on  the  supervisor,  or  on  the  collector,  givinor  the  date  when  and  amount.  On 
the  oppopite  papfe  they  should  credit  themselves  with  every  expenditure  and 
j)ayment,  specifying  particularly  when,  and  to  whom  paid,  and  for  what  pur- 
pose, and  referring  to  a  proper  voucher,  which  shouUl  be  filed  and  delivered  to 
their  successors. 

On  another  page  they  should  make  an  accurate  inventory  of  all  the  movable 
property  belonging  to  the  district,  such  as  the  library  of  the  district,  stating 
the  number  of  volumes  and  their  condition,  and  giving  a  catalogue  of  the 
books  wherever  a  general  reference  cannot  properly  be  made,  as  to  the  first, 
second,  third,  etc.,  series  of  the  Harper  Library  ;  or  Nos.  1,  2,  3,  etc.,  of  the  Har- 
jier  Library  or  Family  Lilirary,  etc.,  etc.,  and  the  furniture,  appendages  and 
apparatus  of  the  school  ro(mi,  specifying  each  article.  The  wliole  to  be  fol 
lowed  by  a  certificate  in  the  following  form  : 


School  District  Meetings  and  Officers.  149 

Wc,  the  subscribers,  trustees  of  district  No.  ,  in  tlio  town  of  Trenton,  do 

hereby  certify  that  the  jjreceding,  from  paji:c  to  pajjfo  ,  inclusive,  con- 

tains a  true  and  acciuate  account  of  all  the  moneys  received  by  us  for  the  use 
of  said  district,  and  of  the  expenditures  thereof,  and  a  correct  statement  and 
inventory  of  all  the  movable  property  belonging  to  said  district. 
Dated  this  day  of  ,  18    . 

A.  B.,  ^ 

C.  D.,   >  Trustees. 

E.  F.,  ) 

The  teacher's  list,  to  be  kept  in  the  second  book  named,  is  tlie  basis  upon 
which  the  average  daily  attendance  is  ascertained  for  the  purpose  of  appor- 
tioning sg  much  of  the  public  money  as  is  required  to  be  apportioned  according 
to  average  attendance. 

Among  the  first  duties  of  the  trustees  will  be  that  of  placing  the  book  in 
the  hands  of  the  teacher,  and  directing  him  to  keep  the  list  daily,  and  accurately. 

The  teacher  will  write  the  name  joi  each  scholar  on  the  list,  the  first  day 
he  enters  school,  and  note  his  attendance  every  day  during  the  term.  The 
trustee  should  inform  him  that,  tmless  the  roll  is  correctly  and  faithfully  kept, 
and  handed  to  the  collector  duly  verified  at  the  close  of  the  scliool,  he  will  not 
be  entitled  to  call  on  them  for  his  wages. 

At  the  close  of  his  term  the  teacher  must  make  out  his  list,  containing  the 
name  of  all  the  pupils,  with  the  date  of  their  entrance,  and  the  umubcr  of  days' 
attendance  in  fall. 

Registers  for  the  use  of  teachers  are  now  prepared  in  the  office  of  the  depai-t- 
ment,  printed  and  forwarded  to  the  trustees  in  time  for  use  in  all  the  schools. 
All  needful  explanations  and  directions  for  the  instruction  and  guidance  of 
teachers  and  trustees  will  be  found  on  the  cover  of  the  registers. 

The  correctness  of  the  register  must  be  verified  by  the  teacher.  The  follow- 
ing is  the  form  of  an  affidavit : 

Town  of  \ 

County  of  .  f    ' 

being  duly  sworn,  deposes  and  says  that  the 
within  register  of  attendance  of  pupils  in  district  No.        Town  of 
from  the  day  of  186  ,  to  the         day  of  186  ,  is  correct 

to  the  best  of  h  knowledge  and  that  he  has  fully  and  truly  made,  in  the 
"  statement "  on  the  last  preceding  page,  all  the  entries  called  for  by  the  head- 
ings of  the  respective  colunms. 

Signed, 
Subscribed  and  sworn  before  me  this  i 
day  of  186 

This  affida^^t,  or  affirmation,  may  be  certified  by  a  justice  of  the  peace,  or 
commissioner  of  deeds,  judge  of  any  court  of  record,  county  clerk  or  school 
commissioner  or  district  clerk  to  have  been  taken  before  him. 


15  0  School  District  Meetings  and  Officers. 

§  54.  If  any  portion  of  the  moneys  apportioned  to  tlie  district 
shall  not  be  paid,  by  the  supervisor,  upon  the  due  requirement  of 
the  trustees,  they  shall  forthwith  notify  the  treasurer  of  the  county, 
and  the  Superintendent  of  Public  Instruction,  of  the  fact. 

It  is  the  duty  of  every  supervisor  to  apply  for  and  receive  tlie  public  moneys 
from  the  county  treasurer  as  soon  as  they  can  after  the  commissioners  have 
made  and  certified  their  apportionment,  which  will  be  some  time  in  the  month 
of  March.  They  will  therefore  be  ready  to  meet  the  orders  of  trustees  at  any 
time  after  the  first  of  April. 

If  they  refuse  to  pay  orders  duly  drawn,  trustees  and  teachers,  by  a  prompt 
notice  to  the  county  treasurer  and  Superintendent,  can  have  an  early  remedy 
for  mistakes  or  delay's.  luriuiry  cannot  be  made  too  soon  iuto  official  neglect 
of  duty. 

§  55.  The  trustees  shall,  once  in  each  year,  render  to  the  dis- 
trict, at  its  annual  district  meeting,  a  just,  full  and  true  account 
in  writing,  under  their  hands,  of  all  moneys  received  by  them 
respectively  for  the  use  of  the  district,  and  of  the  manner  in  which 
the  same  shall  have  been  expended,  and  showing  to  winch  of 
them  an  unexpended  balance,  or  any  part  thereof,  is  chargeable  ; 
and  of  all  drafts  or  orders  made  by  them  upon  the  supervisor, 
collector,  or  other  custodian  of  moneys  of  the  district ;  and  a  full 
statement  of  all  suits  and  proceedings  brought  by  or  against  them, 
and  of  every  special  matter  touching  the  condition  of  the  district. 

If  the  trustees  keep  a  book  as  directed  by  section  53  of  this  title,  and  pre- 
serve and  file  all  vouchers,  the  presentation  of  their  account  will  be  an  easy 
matter.  It  would  be  well  for  the  meeting  to  select  some  man  in  whom  they 
have  confidence  to  examine  the  accomit  of  the  trustees  and  report  to  the  inhab- 
itants the  result  of  his  investigation. 

§  5G.  An  outgoing  trustee  shall  forlliwith  pay  to  liis  successor, 
or  any  other  trustee  of  the  district  in  oilice,  any  such  unexj)ended 
balance,  or  part  of  such  balance  remaining  in  his  hands. 

As  the  public  money  remains  in  the  hands  of  the  supervisor,  and  the  money 
collected  on  district  tax  lists  for  teachers'  wages  in  the  hands  of  the  district 
collector,  this  section  can  apply  only  to  trust  funds,  and  money  raised  for  building 
purjioses,  and  for  ordinary  district  expenses,  such  as  repairs,  furniture,  blank 
books,  etc.,  etc. 

§  57.  Every  trustee  who  shall  refuse  or  neglect  to  render  such 
account  shall  forfeit  twenty-live  dollars.  Every  trustee  who  shall 
neglect  or  refuse  to  pay  over  any  balance  so  found  in  his  hands, 


School  District  Meetings  and  Officers.  151 

ehall  forfeit  twenty-five  dollars.  These  penalties  are  for  the 
benefit  of  the  schools  of  the  district,  and  shall  be  sued  for  by  the 
Bupervisor  of  the  town  in  which  the  school-house,  or  school-house 
longest  owned  or  held  by  the  district,  is.  {/See  sec.  22,  of  title  3.) 

§  58.  By  a  willful  neglect  or  refusal  to  render  such  account,  a 
trustee  also  forfeits  any  unexpired  term  of  his  ofiice,  and  becomes 
liable  to  the  trustees  for  any  district  moneys  in  his  hands. 

§  59.  The  trustees  in  ofiice  shall  sue  for  and  recover  any  district 
moneys  in  the  hands  of  any  former  trustee,  or  of  his  personal 
representatives,  and  apply  them  to  the  use  of  the  district. 

§  GO.  The  trustees  of  each  school  district  shall,  between  the  first 
and  second  Tuesdays  of  October,  in  each  year,  make  and  direct  to 
the  school  commissioner  a  report  in  writing,  dated  on  the  first  day 
of  October  of  the  year  in  which  it  is  made,  and  shall  sign  and  cer- 
tify it,  and  deliver  it  to  the  clerk  of  the  town  in  which  the  school- 
house  of  the  district  is  situated  ;  and  every  such  report  shall  cer- 
tify: 

1.  The  whole  time  any  school  has  been  kept  in  their  district 
during  the  year  ending  on  the  day  previous  to  the  date  of  such 
report,  and  distinguishing  what  portion  of  the  time  such  school 
has  been  kept  by  qualified  teachers,  and  the  whole  number  of 
days,  including  holidays,  in  which  the  school  was  taught  bj-  quali- 
fied teachers ; 

2.  The  amount  of  their  drafts  upon  the  supervisor  for  the  pay- 
ment of  teachers'  wages  during  such  year,  and  the  amount  of  their 
drafts  upon  hira  for  the  purchase  of  books  and  school  apparatus 
during  such  year,  and  the  manner  in  which  such  moneys  have  been 
expended ; 

3.  The  number  of  children  taught  in  the  district  school  or 
schools  during  such  year  by  qualified  teachers,  and  the  sum  of  the 
days'  attendance  of  all  such  children  upon  the  school; 

4.  The  number  of  children  residing  in  the  district  on  the  last 
day  of  September  previous  to  the  making  of  such  report,  between 
the  ages  of  five  and  twenty-one,  and  the  names  t>f  the  parents  or 
other  persons  with  whom  such  children  respectively  reside,  and 
the  number  of  children  residing  with  each; 

5.  The  amount  of  money  paid  for  teachers'  wages,  in  addition 
to  the  public  money  paid  therefor,  the  amount  of  taxes  levied  in 
said  district  for  ]»urchasing  school-house  sites,  for  buildin<^,  liirin'>-. 


152  ,  School  District  Meetings  and  Officees. 

purehasino-,  repairing  and  insuring  school-houses,  for  fuel,  for  dis- 
trict libraries,  or  for  any  other  purpose  allowed  by  law,  and  such 
other  information  in  relation  to  the  schools  and  the  district  as  the 
Superintendent  of  Public  Instruction  may,  from  time  to  time, 
require. 

§  61.  The  annual  reports  of  trustees  of  school  districts,  of  chil- 
dren residing  in  their  district,  shall  include  all  over  five  and  under 
twenty-one  years  of  age,  Avho  shall,  at  the  date  of  such  report, 
actually  be  in  the  district,  composing  a  part  of  the  family  of  their 
parents  or  guai'dians  or  employers,  if  such  parents,  guardians  or 
employers  reside  at  the  time  in  such  district,  although  such  resi- 
dence be  tempoi'ary;  but  such  report  shall  not  include  children 
belonging  to  the  family  of  any  person  who  shall  be  an  inhabitant 
of  any  other  district  in  this  State  in  which  such  children  may  by 
law  be  included  in  the  reports  of  its  trustees ;  nor  any  children 
who  are  supported  at  a  county  poor-house  or  an  orphan  asylum  ; 
nor  any  Indian  children  residing  on  reservations  where  schools 
provided  by  law  for  their  education  are  taught. 

§  62.  Where  a  school  district  lies  in  two  or  more  counties,  its 
trustees  shall  make  such  an  annual  report  for  each  part  of  it  lying  in 
a  diiferent  county,  and  tile  each  in  the  office  of  the  clerk  of  town  in 
which  the  part  of  the  district  to  which  it  especially  relates  lies  ; 
and  such  reports  shall  be  in  the  form  and  contain  all  such  special 
matters  as  the  Superintendent  of  Public  Instruction  shall  from 
time  to  time  prescribe. 

§  63.  The  trustee  of  every  separate  neighborhood  shall  every 
year,  within  the  time  aforesaid,  in  like  manner,  make  his  annual 
report  to  tlie  school  commissioner,  and  file  it  in  the  office  of  the 
clerk  of  the  town  of  which  the  neighborliood  is  a  part.  Such 
report  sliall  specify  the  whole  amount  of  public  moneys  received 
during  the  year,  and  from  what  public  officer,  and  the  manner  in 
which  it  was  expended  ;  the  whole  number  of  such  children  as  can 
be  included  in  the  district  trustees'  report  residing  in  the  neighbor- 
hood on  tlie  last  day  of  September  previous  to  the  making  of  the 
repoit ;  and  any  other  matters  which  the  Superintendent  of  Public 
Instruction  may  require. 

§  04.  Every  trustee  of  a  school  disti-ict  or  separate  neighbor- 
liood, will)  sliall  willfully  sign  a  false  report  to  a  school  commis- 
sioner, with  the  intent  of   causing  such    school    commissioner  to 


School  District  Meetings  and  Officers.  153 

apportion  to  his  district  or  neighborliood  a  larger  sum  tlian  its 
just  proportion  of  scliool  moneys  ;  or  in  the  ease  of  a  trustee 
of  a  separate  neighborhood,  Avith  the  intent  to  procure  from  the 
State  Superintendent  of  Public  Instruction  a  larger  allowance  to 
the  neighborhood,  shall  for  each  offense  forfeit  the  sum  of  twenty- 
five  dollars,  and  shall  also  be  deemed  guilty  of  a  misdemeanor. 
Such  penalties,  and  any  fines  which  shall  be  imposed  for  the  misde- 
meanor, are  for  the  benefit  of  the  common  schools  of  the  county. 

The  five  sections  from  section  60  to  section  64  inclusive  ■will  be  considered 
together. 

A  form  of  the  annual  report  of  the  trustees  will  not  be  inserted,  because  it 
is  subject  to  alteration  from  year  to  year.  The  trustees  are  required  to 
report  sucli  information,  besides  what  is  specially  named  in  the  statute,  as  the 
Superintendent  of  Public  Instruction  may  from  time  to  time  reqiure. 

The  comments  and  instructions  which  follow  apply  to  the  blank  reports  for 
the  year  1867  ;  omitting,  however,  all  reference  to  rate  bills,  which,  having 
been  abolished,  will  hereafter-  have  no  place  in  the  reports,  and  renumbering 
the  items  after  No.  4  in  the  financial  report,  and  after  No.  2  in  the  statistical 
report. 

The  efficient  working  of  our  common  school  system  requires  that  each  school 
officer  sliall  strictly  observe  its  provisions.  The  reports  of  trustees  are  the 
source  of  nearly  all  the  statistical  information  in  regard  to  the  schools,  and 
therefore  are  of  paramount  importance.  Accuracy  in  these  reports  is  especially 
necessary  for  the  equitable  and  legal  distribution  of  the  public  moneys,  and 
for  the  guidance  of  the  Superintendent  of  Public  Instruction  and  of  the  school 
commissioners  in  their  various  duties. 

The  annual  report  to  the  school  commissioners  must  be  made  by  the  trustees, 
and  deposited  with  the  town  clerk  between  the  first  and  second  Tuesdays  of 
October.  It  should  always  be  made,  when  possible,  by  the  trustees  in  office  at 
the  close  of  the  school  year  in  regard  to  which  the  report  is  made,  and  should 
be  deposited  with  the  town  clerk  iefore  the  annual  meeting  of  the  district. 

A,  digest  of  the  facts  and  figures  reported  by  the  trustees  of  the  various 
school  districts  is  made  by  the  school  commissioners  of  the  respective  commis- 
sioner districts,  and  forwarded  to  the  Superintendent  of  Public  Instruction. 
This  digest  becomes  a  part  of  the  permanent  record  of  this  department,  and  the 
facts  therein  contained  are  the  bases  upon  which  the  annual  apportionment  is 
made. 

The  law  ])ro'\'ides  that  if  trustees  fail  to  make  their  report  within  the  time 
prescribed,  and  in  consequence  thereof  there  shall  result  a  loss  of  any  money 
to  the  district,  they  may  be  held  responsible  for  the  money  so  lost. 

The  following  explanations,  carefully  observed,  will  enable  trustees  to  avoid 
all  errors  which,  under  other  circumstances,  might  find  place  in  their  report. 

The  nimibors,  with  the  items  to  which  they  correspond,  inclosed  in  quotation 
marks  in  the  following  instructions,  are  taken  from  the  blank  for  "  Report  of 
20 


754  School  District  Meetings  and  Officers. 

Trustees,"  issued  from  tlie  Department  of  Public  Instruction,  and  sent  to  every 
district  in  the  State. 

"  Financial." — "  licceipts." 

"  1.  Balance  on  hand  October  1,  186  ,  after  paying  all  claims  for  previous 
school  expenses." 

This  includes  the  balance  of  the  public  moneys  belonging  to  the  district, 
remaining  in  the  hands  of  the  supervisor,  as  well  as  all  other  moneys  unex- 
pended, whether  raised  by  tax  or  derived  from  any  other  source,  after  paying 
all  the  indebtedness  of  the  district  accruing  previous  to  October  1,  186  .  If, 
on  the  first  Tuesday  of  March,  186  ,  there  was  still  remaining  in  the  hands  of 
the  supervisor  any  public  money  apportioned  in  the  year  186  ,  it  should  not  be 
included  here,  in  item  "  1." 

"  2.  Amount  of  public  school  moneys,  both  for  teachers'  wages  and  library 
apportioned  to  the  district  from  State  funds." 

Do  not  include  in  this  item  any  library  moneys  raised  in  the  district,  nor  any 
moneys  referred  to  in  item  "  3."  If  any  supplementary  allowance  has  been 
received  from  the  Superintendent  of  Public  Instruction,  it  should  be  reported 
under  this  item. 

"  3.  Amount  received  from  the  proceeds  of  gospel  and  school  lands,  whether 
rents,  or  the  proceeds  of  a  fund  raised  by  the  sale  of  such  lands." 

But  few  towns  in  the  State  have  any  funds  or  lands  such  as  are  referred  to 
in  this  item,  and  no  explanation  is  deemed  necessary,  beyond  what  may  be 
found  under  section  1  of  title  4. 

"4.  Amount  raised,  including  the  amount  remaining  io  be  raised,  by  tax  on 
property,  for  all  school  purposes  witliin  the  school  year ;  but  not  including 
money  so  raised  to  pay  expenses  of  a  previous  year." 

Trustees  ■will  include  under  this  item  only  the  amounts  raised,  and  to  be 
raised,  by  tax  levied  upon  the  jyopeiiij  in  the  district,  for  the  payment  of  school 
expenses  (including  teachers'  wages)  incurred  within  the  school  year.  In  fact, 
the  sum  reported  under  this  item  ought  to  be  the  actual  cost  of  the  school 
(including  repairing  and  building)  for  the  year,  less  the  amount  of  the  public 
moneys  and  the  amounts  reported  under  items  "  1,"  "  3  "  and  "  5." 

If  a  tax  has  been  ordered  to  be  raised  by  installments,  the  trustees  report 
each  year  only  the  installment  actually  collected,  or  legally  collectible,  within 
the  year. 

"  5.  Amount  received  from  all  other  sources,  not  above  enumerated,  viz. : 
"  Teachers'  board  for  weeks,  the  teacher  having  boarded  around  (esti- 

mated) ; 

"Tuition  bills  of  non-resident  pupils,  and  of  pupils  not  of  school  age; 
"  Subscriptions,  donations,  legacies,  etc. ; 
"  Other  sources  not  named  above." 

In  cases  where  teachers  provide  themselves  with  board,  without  any  cost  to 
the  district  over  and  above  the  stipulated  wages  per  day,  week  or  mouth,  the 


School  District  Meetings  and  Officers.  155 

value  of  Buch  board  is  not  to  bo  reported  under  this  item.  In  other  cases, 
whatever  the  number  of  qualified  teacliers  employed,  trustees  should  set  down 
tlie  number  of  weeks  each  boarded  around,  and  the  value  of  the  board  of  each, 
and  add  these  numbers,  and  place  the  whole  number  of  weeks,  and  the  whole 
value  of  the  board,  in  their  report.  This  board  should  be  stated  in  tho 
"receipts,"  for  the  reason  that  it  was  just  as  truly  furnished  by  the  district  for 
the  support  of  school,  as  were  the  moneys  raised  by  tax.  The  amount  of  tho 
tuition  bills  collected  of  non-resident  pupils,  and  persons  over  twenty-one  years 
of  age,  should  be  reported  under  the  second  subdivision  of  this  item.  All 
other  moneys  received  during  the  school  year,  and  not  reported  under  any  pre- 
ceding subdivision,  should  be  given  in  this  item  under  the  following  subdi- 
^■ision. 

The  several  sums  reported  under  item  "  5,"  should  be  placed  in  the  inner 
column,  then  added,  and  their  amount  written  directly  beneath,  and  also  in 
the  outside  column,  opposite  the  words  "  Total,  carried  into  outside  column." 

"6.  Total." 

Special  care  should  be  taken  that  this  "  total,"  or  footing  be  correctly  made. 

"  Payments." 

"  7.  For  teachers'  wages  earned  during  the  school  year  ending  with  Septem- 
ber 30,  18G    (except  for  colored  schools),  as  follows,  viz. : 

"By  drafts  on  the  supervisor  ; 

"  From  funds  collected  by  a  tax  on  property  ; 

"  Value  of  teachers'  board,  the  teacher  iiaving  boarded  around  (estimated) ; 

"From  moneys  received  from  all  otlier  sources  ; 

"  Teachers' wages  remaining  unpaid  Oct.  1,  18G  ." 

Under  specification  "  By  drafts  on  the  supervisor,"  trustees  should  include 
all  drafts  actually  made  during  the  school  year  closing  with  September  30th, 
186  ,  for  payment  of  teachers'  wages  earned  during  that  year,  whether  made 
for  payment  of  moneys  apportioned  for  that  year  or  the  previous  school  year. 
But  if  they  have,  since  the  close  of  the  year,  paid,  or  contemplate  paying 
in  the  future,  any  wages  of  teachers  for  that  year  4'rom  the  moneys  in  the 
supervisor's  hands  October  1,  186  ,  such  payments  should  not  be  included  in 
ihts  subdivision,  of  the  item.  The  amounts  for  wages  thus  paid  would  be  prop- 
erly embraced  in  subdivision  "  Teachers'  wages  remaining  unpaid,"  and 
should  be  reported  next  yaar  under  subdivision  "  By  drafts  on  the  supervisor." 

Under  subdivision  "  From  funds  collected  by  tax  on  property,"  will  bo 
included  all  moneys  raised  by  district  tax  for  teachers'  wages.  The  amount  to 
be  reported  under  "  Value  of  teachers'  board,"  etc.,  will  be  the  same  reported 
imder  the  first  subdivision  of  item  "  5  "  of  receipts. 

If  trustees  have  paid  out  for  teachers',  wages  any  moneys  received  from  any 
sources  not  named  in  the  first  four  subdivisions  of  this  item,  they  should  report 
them  under  subdivision  "  From  moneys  received  froTu  all  other  sources." 

The  amount  to  be  reported  under  subdivision  "  Teachers'  wages  remaining 
unpaid,"  will  be  easily  found,  by  subtracting,  from  the  amount  contracted  to  be 


156  School  District  Meetings  and  Officers. 

paid  to  teachers  for  wages  earned  during  the  year,  the  sums  reported  under 
the  preceding  subdivisions  of  this  item. 

"  8.  For  libraries  ;  including  all  moneys  applicable  to  library  purposes ;  both 
the  amount  received  from  the  supervisor,  and  the  amount  raised  in  the  district, 
within  the  year,  for  such  purpose." 

Under  this  item  state  the  amount  actually  paid  for  new  books  for  the  library 
and  the  repair  of  old  books,  from  moneys  stated  in  the  report  as  received  by  or 
raised  in  the  district.     They  will  not  include  any  amount  paid  for  a  book-case. 

"  9.  For  school  apparatus ;  such  as  blackboards,  globes,  maps,  etc." 

State  the  amount  which  has  actually  been  paid  for  school  apparatus,  vdthin 
the  year,  from  the  moneys  of  that  year,  whether  library  money  received  fi'om 
the  State,  or  money  raised  by  tax,  or  received  from  any  other  source. 

"  10.  For  colored  schools  ;  all  expenses,  for  teachers'  wages  or  other  purposes, 
actually  paid  or  to  be  paid." 

"11.  For  expenses  of  school-houses  and  sites,  viz. : 

"  For  sites ; 

"  Building  or  purchasing  school-houses ; 

"  Hiring  school-houses ; 

"  Repairing  and  insuring  school-houses ; 

"  Fences,  side- walks,  out-houses,  and  improving  sites  ; 

"  Furniture ;  such  as  chairs,  tables,  clocks,  bells,  etc." 

I 
Under  the  second:  subdivision  of  item  "  11,"  in  cases  where  a  tax  for  the  ipui- 

pose  of  building  a  school-house  is  raised  by  installments,  include  only  the 
installment  collected  and  paid  out  within  the  year. 

"  12.  For  all  other  incidental  expenses,  viz. : 

"  For  fuel,  and  preparing  the  same  for  use  ; 

"  Building  fires,  and  sweeping  and  otherwise  cleaning  school-houses  ; 

•'  Salaries,  other  than  those  of  teachers,  for  the  following  piu'poses,  \dz. : " 

By  section  50  of  title  7,  trustees  are  authorized  to  "  provide  for  building  fires 
and  cleaning  the  school  room,  by  arrangement  with  the  teacher  or  otherwise." 

The  moneys  paid  for  these  purposes,  unless  paid  to  the  teacher  as  a  part  of 
his  wages  as  teacher,  hy  special  contract,  or  to  some  individual  employed  at  a 
salary  by  the  year,  as  janitor,  should  be  reported  under  the  second  subdivision 
of  this  item.  If  paid  to  a  janitor  as  salary,  they  should  be  reported,  and  the 
purpose  for  which  they  were  paid  specifically  stated,  on  the  blank  lines  imdor 
the  last  subdivision. 

In  cases  where  a  clerk  of  the  board  of  education  has  been  appointed,  and  a 
salary  has  been  paid  him,  under  authority  derived  from  a  special  act  of  the 
Legislature,  the  fact,  and  the  sum  paid  as  salary,  should  be  reported  on  the 
blank  lines  under  the  last  subdivision  of  this  item. 

"  13.  Forfi'itcd  by  not  having  been  drawn  from  supervisor's  hands  before  tho 
first  Tuesday  of  March,  186  ." 


School  District  Meetings  axd  Officers.  157 

If  there  were  any  public  school  moneys  apportioned  to  a  district  by  the 
echool  commissioner  in  186  ,  remaining  in  the  hands  of  the  supenisor  on 
the  iirst  Tuesday  of  March,  186  ,  such  moneys  were  on  that  day  forfeited  by 
the  district,  and  should  have  been  reported  by  the  supervisor  to  the  county 
treasurer.  If  any  such  sum  vras  so  reported,  it  vras  re-apportioned  by  the  com- 
missioners among  the  districts  of  the  entire  county.  The  amount  so  forfeited, 
if  any,  must  be  stated  under  this  item.  {See  section  4  of  title  4,  and  also  subdi- 
v'sion  3  of  section  21,  title  3  of  this  act.) 

"  14.  Amount  remaining  on  hand  October  1,  180  ,  after  paying  all  claims,  for 
school  purposes,  up  to  that  date." 

If  the  report  is  correctly  made,  up  to  this  point,  trustees  will  easily  find  the 
true  balance  by  subtracting  from  the  total  "receipts"  the  sum  of  the  items 
under  "  payments,"  preceding  item  "  14,"  But  in  order  to  verify  their  report, 
they  can  collect  into  one  sum  all  the  moneys  subject  to  their  order,  for  which 
prders  were  not  given  previous  to  October  1,  186  ,  viz. :  The  amoimt  of  public 
moneys  remaining  in  the  hands  of  the  supervisor ;  the  amoimt  in  the  collect- 
or's hands,  together  with  the  amount  remaining  uncollected  on  tax  list,  even 
though  such  tax  list  has  not  been  put  into  the  collector's  hands ;  any  amount 
in  their  own  hands,  from  any  source  whatever,  as  from  tuition  bills  of  non- 
resident pupils  or  pupils  over  twenty-one  years  of  age,  donations  or  legacies  ; 
and  all  moneys,  wherever  they  may  be,  to  which  the  district  has  an  undisputed 
title,  and  which  were  due  pre^"ious  to  October  1,  186  . 

From  this  sum  subtract  the  amount  still  due  for  teachers'  wages,  and  for  any 
other  expenses,  wliich  accrued  previous  to  October  1, 186  .  This  balance  should 
agree  with  the  former  balance  found  as  above  stated. 

"15,  Total." 

This  total  of  "payments"  must  agree,  and  will  agree  if  correctly  com. 
posed,  with  the  preceding  "  totAxl "  of  "  receipts  "  imder  item  "  6."  If,  upon  find- 
ing the  correct  sum  of  the  items,  these  totals  do  not  agree,  the  error  must  he  dis- 
covered and  corrected  in  the  proper  place. 


•'  Statistical." 
Tlie  "  Statistical  "  portion  of  the  report  should  be  rigidly  exact. 

"1.  The  number  of  duly  licensed  teachers  employed  and  teaching  at  the  same 
time  for  twenty -eight  weeks,  or  more,  during  the  school  year  commencing 
October  1,  18G  ,  and  closing  with  September  80,  186  ." 

What  the  Superintendent  wishes  to  know,  under  this  item,  is,  not  how  many 
different  teachers  have  been  in  school  during  the  school  year,  but  how  many 
duly  licensed  teachers  has  the  school  had  regularly  and  constantly  employed 
teaching  in  the  school  all  the  time  for  the  same  entire  twenty-eight  weeks.  A  brief 
temporary  alisence  of  any  teacher,  occasioned  by  sickness  or  other  uncon- 
trolhible  circumstance,  the  trustees  paying  the  teacher  for  the  entire  time, 
is  not  to  be  regarded. 


158  School  District  Meetings  and  Officers. 

Suppose  A.  lias  been  employed  for  tlio  winter  term,  and  B.  for  the  summer 
term.  In  that  case  trustees  are  to  report  (in  answer  to  the  question)  only 
one  teacher.  Again,  if  A.  taught  ten  icteks,  B.  ten  iveeks,  and  C.  eight  weeks  or 
more,  they  report  but  one  teacher.  But  if  A.  and  B.  taught  both  at  the  same 
time,  and  each  for  twenty-eight  iveeks,  then  they  are  to  report  tivo  teachers ;  or  if 
A.  and  B.  taught  together  twelve  Aveeks,  then  C.  and  D.  twelve  weeks,  and 
finally  E.  and  F.  four  weeks,  they  are  to  report  in  such  case  only  two  teachers 

This  item  forms  a  basis  for  the  distribution  of  a  part  of  the  school  money, 
and  will  not  admit  of  errors. 

"  2.  The  number  of  children  over  five  and  under  twenty-one  years  of  age, 
residing  in  the  district  on  the  30th  day  of  September,  18G  ,  etc." 

An  actual  census  must  be  taken,  and  none  under  five  or  over  twenty-one 
years  of  age  should  be  reported.  The  penalty  affixed  by  law  for  a  false  report, 
as  to  the  number  of  children  in  the  district,  is  twenty-Jive  dollars,  to  be  collected 
from  the  trustees  m-aking  such  report.  In  making  up  this  nvunber,  and  the 
"  schedule "  which  follows  the  statistical  part  of  their  report,  trustees  will 
consult  sections  61,  63,  63  and  64,  in  article  6  of  title  7  of  this  act. 

"  3.  The  number  of  private  schools  within  the  district  (not  including  collegesF 
incorporated  academies  or  seminaries) ; "  and, 

"  4.  The  number  of  pupils  over  live  and  imder  twenty-one  years  of  age, 
registered  as  having  attended  such  private  schools  some  portion  of  the  school 
year  closing  Avith  September  30,  18G  ." 

In  reporting  the  number  of  private  schools,  and  of  the  piipils  attending 
them,  there  has  heretofore  been  great  neglect  on  the  part  of  some  district 
officers.  Trustees  should  take  pains  to  ascertain  the  facts  fully,  and  report 
them  correctly. 

"  5.  The  whole  time  the  district  school  was  taught  within  the  twelve  months 
ending  with  September  30,  186  ,  etc. ;"  and, 

"6.  The  whole  time  the  district  school  was  taught  by  teachers  ^vhi!e  duly 
licensed,  during  said  year." 

The  whole  time,  in  iveeks  and  days,  during  which  school  has  been  kept  by 
duly  licensed  teachers  should  be  carefully  stated.  It  is  important  also  that  tho 
dates  on  which  each  teacher  commenced  and  closed  his  service  be  given. 
These  dates  can  be  obtained  from  the  school  register,  kept  by  the  teachers,  as 
Bliown  Ijy  the  affidavits  made  by  them  at  the  close  of  the  register. 

"  7.  The  names  of  the  teachers  who  taught  tho  district  school  during  tho 
Bchool  year  commencing  October  1,  186  ,  and  closing  Avith  September  30,  186  , 
and  of  the  authorities  by  whom  they  were  severally  licensed,  and  tlu;  dates  of 
the  beginning  and  ending  of  the  services  of  each,  and  the  time  of  service 
of  each,  while  duly  licensed,  etc." 

Do  not  fail  to  write  the  first  Christian  name  of  each  teacher  in  full,  and 
to  state  by  whom  each  teacher  was  licensed.  This  is  an  easy  matter,  if  trustees, 
n.s  they  should,  refuse  to  hire  any  teacher  who  cannot  show  his  license.  Thero 
is  evidence  in  this  department  that,  in  some  few  instances,  persons  askmg 
employment  as  teachers  inform  trustees  that  they  are  duly  licensed,  when  they 
are  not.     It  is  therefore  suggested  that,  before  hiring  a  teacher,  trustees  require 


School  District  jNIeetings  and  Officers.  159 

him  to  show  his  license,  and  that  they  examine  it  for  the  purpose  of  Icnowing 
that  the  time  for  which  it  was  granted  has  not  expired.  This  is  a  safe  pro- 
caution,  to  which  an  honest  ap])licunt  for  any  school  will  not  object. 

Attention  is  particularly  called  to  the  follov.-ing  sections  of  the  school  act, 
viz. :  Sections  7  and  29  of  title  3  ;  sections  42  and  43  of  title  7,  and  section  9 
of  the  same  title. 

Those  children  ONLY  are  of  SCHOOL  AGE,  ivho  are  over  five  and  under  twenty-one 
years  of  age. 

"8.  The  number  of  children  of  school  age,  who,  u-hiJe  residing  in  the  dis- 
trid,  attended  the  district  scliool  some  portion  of  the  school  year  ;  "  and, 

"  9.  The  number  of  children  of  school  age,  who,  while  residing  in  other  dis- 
tricts, attended  the  district  school  in  this  district  some  portion  of  the  school  year." 

Trustees  will,  in  stating  the  "  number  of  children  of  school  age,  who, 
while  residing  in  the  district,  attended  the  district  school,"  keep  in  \iew  and 
make  the  distinction,  in  their  report,  between  those  who,  while  attending 
Bchool,  were  residents  of  their  district,  and  those  who  were  not  residents  of  it ; 
and,  in  the  "  schedule  "  at  the  close  of  their  report,  they  will  give  the  number, 
and  the  names  of  the  parents  or  guardians,  of  those  children  only  who  resided 
in  the  district  on  the  30th  day  of  September,  186  . 

This  information  will  be  indispensable  to  the  scliool  commissioner,  for  tho 
purpose  of  apportioning  to  every  district  its  just  share  of  the  public  money. 

"  10.  The  whole  number  of  children,  of  school  age,  who  attended  the  district 
Bchool  some  portion  of  the  year." 

The  number  to  be  reported  imder  this  item,  is  the  sum  of  the  numbers  reported 
under  items  "  9  "  and  "  10." 

"11.  The  average  daily  attendance  of  children  of  school  age,  residing  in  the 
district  while  attending  the  school ;  and, 

"  13.  The  average  daily  attendance  of  children,  of  school  age,  attending  tlio 
school,  but  residing  in  other  districts  while  so  attending." 

The  average  daily  attendance  of  ch.ildren  of  school  age  residing  in  the  dis' 
trirt  while  attending  the  school,  and  of  the  children  of  school  age  attending 
the  school,  but  residir^g  in  oiJier  districts  while  so  attending,  must  be  given,  or 
the  district  \vill  not  draw  any  public  money  for  attendance.  Trustees  must 
not  include  the  attendance  of  any  children  while  they  were  under  o  years  of 
age,  nor  the  attendance  of  any  pupils  after  they  became  21  years  of  age. 

In  cases  where  there  are  children  who  have  attended  certain  departments 
of  the  school  not  taught  by  duly  licensed  teachers,  the  attendance  of  sucli 
pupils  should  not  be  reported  for  the  time  during  which  they  have  attended 
such  departments,  unless  they  have  at  the  same  time  attended  some  department 
of  the  school  which  was  taught  by  a  duly  qualified  and  licensed  teacher. 

The  RULK  for  finding  the  average  daily  attendance,  in  each  case,  is  simply 
this : 

1.  Add  together  all  the  days'  attendance  of  all  the  children  over  5  and  under  21 
years  of  age,  who,  while  residing  in  the  district,  attended  the  district  school,  and  divide 
the  sum  by  the  whole  number  of  days  on  which  the  school  was  actually  taught  as  stated 


160  School  District  Meetings  and  Officers. 

in  Hem  "  IG."  (Tri;stees  will  not  include  for  tliis  imrpose,  in  the  zvhole  number  of 
days  on  luhich  school  was  actually  taught,  any  days,  whether  they  be  legal 
holidays  or  other  days,  on  which  the  school  did  not  hold  its  regular  session ; 
since  no  attendance  of  pupils  will  be  found  on  the  registers  for  those  days.) 

2.  Add  together  the  days'  attendance  of  all  the  non-resident  pupils  over  5  and  under 
21  years  of  age,  ivho,  luhile  residing  in  other  districts,  attended  the  district  school,  and 
divide  the  sxim  by  the  number  of  days  school  was  actually  taught  as  stated  in  Hem  "  16." 

When  a  fraction  is  contained  in  the  average  daily  attendance,  write  it  as  a 
common  and  not  as  a  decimal  fraction ;  thus,  220  120-150ths,  not  220.8.  Do  not 
reduce  the  fraction  to  lower  terms. 

All  children  of  over  five  and  under  twenty-one  years  of  age,  residing  in  the 
county  in  which  the  school-house  stands,  are  to  be  reported,  as  regards  their 
number  and  attendance,  to  the  commissioner  in  whose  commissioner  district 
the  school-house  is  situated. 

In  a  few  other  cases  which  exist  within  the  State,  it  is  believed  that  the 
proper  course  for  the  trustees  to  pursue  in  making  their  annual  report  to  the 
commissioner  -will  be  shown  by  the  following  example,  which  is  designed  as  a 
guide  for  trustees  of  joint  districts ;  that  is,  districts  bji7ig  partly  in  two  or  more 
counties.    No  other  districts  are  joint  districts. 

Example. 

There  is  a  certain  school  district,  No.  7,  lying  partly  in  the  town  of  Antwerp, 
in  the  second  commissioner  district  of  Jefferson  county,  partly  in  the  town  of 
Theresa,  in  the  third  commissioner  district  of  Jefferson  county,  and  also  partly 
In  the  town  of  Rossie,  in  the  first  commissioner  district  of  St.  Lawrence  county. 

We  will  suppose,  for  our  purpose,  that  the  school-house  stands  in  Rossie, 
and  that  the  following  statement  shows  the  other  facts  as  regards  children  and 
their  residence  and  attendance,  from  which  the  trustees  are  to  make  their 
report.  Suppose,  also,  that  the  fonn  of  the  district  and  the  relative  positions 
of  the  school-house  and  the  town  and  coimty  lines,  are  correctly  shown  by  the 
following 


School  District  Meetings  and  Officers. 
DIAGRAM. 


161 


St.  Lawrence  County. 

First  Commissioner  District. 

M.  L.  Laugulin,  School  Commissioner. 

Town  of 
ROSSIE. 

School  D  House. 


Jefferson 

Third  Commissioner  District. 

Chas.  a.  Kelsey,  School  Comm'r 

Town  of 
THERESA. 


County 

Second  Commissioner  District. 

J.  M.  Beaman,  School  Comm'r. 

Town  of 
ANTWERP. 


Statement. 

Suppose  that  in  Rossie 

The  number  of  childi-en  of  school  age  residing  in  said  district  No.  7 

and  in  Rossie,  September  30, 186  ,  was, 18 

The  number  of  children  of  school  age,  who,  while  residing  in  the 

district,  attended  said  school  during  the  year,  was, 13 

They  attended  said  school  in  the  aggregate, 1,850  days. 

The  number  of  children  of  school  age,  wlio,  while  residing  in  other 

districts  in  Rossie,  attended  said  school  during  the  year,  was,  ...  6 

They  attended  said  school  in  the  aggregate, 725  days. 

In  Antwerp. 
The  number  of  children  of  school  age,  residing  in  said  district  and 

in  Antwerp,  September  30, 18G  ,  was, 15 

The  number  of  children,  of  school  age,  who,  wliile  residing  in  the 

district,  attended  said  school  during  the  year,  was, 10 

They  attended  said  school  in  the  aggregate 1,225  days. 

21 


162  School  District  Meetings  axd  Officers. 

The  number  of  children,  of  school  age,  who,  while  residing  in  other 

districts  in  Antwerp,  attended  said  school  during  the  year,  was,. .  3 

They  attended  said  school  in  the  aggregate, S7o  days. 

In  Theresa 

The  number  of  children,  of  school  age,  residing  in  said  district  and 
in  Theresa,  September  30,  18G  ,  was 13 

The  number  of  children,  of  school  age,  who,  wliile  residing  in  the 

district,  attended  said  school  during  the  year,  was, 9 

They  attended  said  school  in  the  aggregate, 1,250  days. 

The  number  of  children,  of  school  age,  who,  while  residing  in  other 
school  districts  in  Theresa,  attended  said  school  during  the  year, 

was, 4 

They  attended  said  school  in  the  aggregate, 575  days. 

The  whole  number  of  days  on  which  school  was  actually  taught 
during  the  school  year,  that  is,  was  open  for  the  instruction  of 
pupils,  a  duly  licensed  teacher  ha\-ing  been  present  each  day  (as 
given  in  item  17),  was, 150 

Now,  how  shall  the  trustees  make  their  annual  report,  as  regards  the  num- 
ber of  children  and  their  attendance  ? 

They  would  report  to  the  commissioner  of  the  first  commissioner  district  of 
St.  Lawrence  county,  as  follows  : 

"  8.  The  number  of  children,  of  school  age,  who,  while  residing  in  the 
district,  attended  the  district  school  some  portion  of  the  school 
year,  was, 13 

"  9.  The  number  of  children,  of  school  age,  who,  tchik  residing  in 
other  districts,  attended  the  district  school  in  this  district  some  por- 
tion of  the  school  year,  was, 6 

10.  The  whole  number  of  children,  of  school  age,  who  attended 
the  district  school  some  portion  of  the  year,  was  (13  and  6  are),. .  19 

"  11.  The  average  daily  attendance  of  cliildren,  of  school  age,  resid- 
ing in  the  district  while  attending  the  school,  was  ('^  or  13  ,-j^  is),  l^j^^ 
'13.  The  average   daily   attendance  of   children   of   school   age, 
attending  the  school,  but  residing  in  other  districts  while  so  attend- 
ing,  was  (jy-y  or  4j-j,-  is), 4  jy;, 

And  in  the  "  schedule  "  at  the  close  of  the  report,  they  would  specify  and 
report  only  the  eighteen  children  residing  in  school  district  No.  7  and  in  the 
town  of  Rossie,  September  30,  18G  . 

They  would  report  to  the  commissioner  of  the  second  commissioner  district 
of  JefTerson  county,  as  follows  : 


8.  The  number  of  children  of  school  age,  who,  while  residing  in  the 
district,  attended  the  district  school  some  portion  of  the  school 
year,  was, 


10 


School  Distkict  Meetings  and  Officers.  163 

"  9.  The  number  of  children  of  school  age,  who,  ivhile  reniding  in 
other  districts,  attended  the  district  school  in  this  district  some  por- 
tion of  the  school  year,  was, 3 

"10.  The  whole  number  of  children  of  school  age,  who  attended 

the  district  school  some  portion  of  the  year,  was  (10  and  3  are),. .  13 

"  11.  The  average  daily  attendance  of  children  of  scliool  age,  resid- 
ing in  the  district  while  attending  the  school,  was  (-^^^  or  8,4^  is),  8  jio 

"  12.  The  average  daily  attendance  of  children  of  school  age,  attend- 
ing the  school,  but  residing  in  other  districts  while  so  attending, 

rro  or  2  ^^^  is), 2^^ 

In  the  "  schedule  "  at  the  close  of  their  report,  they  would  specify  and  report 
onhj  the  fifteen  children  residing  in  district  No.  7  and  in  the  town  of  Antwerp, 
September  30,  186  . 

They  would  report  to  the  commissioner  of  the  third  commissioner  district  of 
Jefferson  county,  as  follows  : 


'  8.  The  number  of  children  of  school  age  who,  ivhUe  residing  in  the 
district,  attended  the  district  school  some  portion  of  the  school 
year,  was, 


9 


"  9.  The  number  of  children,  of  school  age,  who,  while  residing  in 
other  districts,  attended  the  district  school  in  this  district  some  portion 
of  the  school  year,  was, 4 

"  10.  The  whole  nimiber  of  children,  of  school  age,  who  attended 
the  district  school  some  portion  of  the  school  year,  was  (9  and 
4  are), 13 

"11.  The  average  daily  attendance  of  children,  of  school  age, 
residing  in  the  district  while  attending  the  school,  was  Q~  or 
8^„i9) QxTo 

"  12.  The  average  daily  attendance  of  children,  of  school  age,  attend- 
ing the  school,  but  residing  in  other  districts  while  so  attending, 
was  (til  '^^  2 1 0?  is), 3 


155 


In  the  "schedule  "  at  the  close  of  their  report,  they  would  specify  and  report 
only  the  twelve  children  residing  in  district  No.  7  and  in  the  town  of  Theresa. 

These  three  reports  would  be  on  separate  papers  and  would  be  sent  to  the 
respective  commissioners. 

"  13.  The  whole  number  of  days'  attendance  at  the  district  school  of  all  the 
children,  of  school  age,  residing  in  the  district  while  attending  the  school." 

Trustees  will  be  careful  and  include  in  item  14,  the  attendance  of  those 
children  only,  who,  while  attending  their  school,  resided  in  their  district. 

"  14.  The  whole  number  of  days'  attendance  at  the  district  school,  of  all  the 
children  of  school  age,  residing  in  other  districts  while  attending  the  school." 

It  is  very  important  to  report  correctly,  under  item  15,  the  attendance  of  those 
children  only  who,  while  attending  school,  resided  in  other  school  districts. 


164  School  Disteict  Meetings  and  Officers. 

Trustees  must  not  include  under  either  item  13  or  14  the  attendance  of  any 
children  who  were  not  of  school  age  at  tlie  time  of  such  attendance.  In  many 
districts  there  wll  be  pupils  who  became  five  or  twenty-one  years  of  age  during 
the  school  year.  In  such  cases  trustees  should  include  under  these  items  the 
attendance  of  such  pupils  for  that  time  only  while  they  were  over  five  and 
imder  twenty-one  years  of  age. 

"  15.  The  whole  number  of  days'  attendance  of  all  the  children  of  school 
age  who  attended  the  school." 

The  nmnber  of  days  to  be  reported  in  item  15  will  be  found  by  adding 
together  the  two  numbers  reported  in  items  13  and  14. 

"  16.  The  whole  number  of  days  on  which  school  was  actually  taught  during 
the  school  year  ;  that  is,  was  open  for  the  instruction  of  pupils,  a  duly  licensed 
teacher  having  been  present  each  day." 

Include  under  this  item  all  the  days  on  which  the  district  school  was  taught 
by  a  duly  qualified  teacher,  whether  they  be  ordinary  week-days  or  holidays. 

By  section  5  of  title  11,  trustees  are  authorized  to  "  give  to  the  teacher  or 
teachers  employed  by  them,  the  whole  or  any  part  of  the  time  spent  by  such 
teacher  or  teachers  in  attending  at  any  regular  session  or  sessions  of  an  institute 
in  a  county  embracing  the  school  district  or  any  part  thereof,  without  deduct- 
ing any  tiling  from  his  or  their  wages  for  the  time  so  spent."  Where  trustees 
have  given  the  teacher  such  time  so  spent,  and  have  paid  the  teacher  Ms  or  her  regular 
compensation  for  such  time,  they  may  report  the  facts  in  their  annual  report ;  and 
in  case  such  time,  added  to  the  time  during  which  the  district  school  shall  have 
been  taught  by  a  duly  qualified  teacher,  shall  equal  twenty-eight  weeks,  "  the 
Superintendent  of  Public  Instruction  may  include  the  district  in  his  apportion- 
ment of  the  State  school  moneys,  and  direct  that  it  be  included  by  the  school 
commissioner  or  commissioners  in  their  apportionment  of  school  monej'S ;  pro- 
vided always  that  such  school  district  be  in  all  other  respects  entitled  to  be 
included  in  such  apportionment." 

Trustees  will  understand  distinctly  that  they  are  not  to  report  such  time 
imless  the  trustees  have  given  it  to  the  teacher,  and  have  paid  the  teacher  his 
or  her  regular  wages  for  such  time.  When  reported  it  should  not  be  included 
tmder  item  "  16,"  but  in  item  "  18,"  on  the  second  page  of  the  repoi-t,  and 
should  constitute  item  "  14  "  on  the  third  page. 

"  17.  The  number  of  holidays,  during  the  terms  of  school,  occurring  on  tho 
regular  school  days,  but  during  which  the  school  was  not  taught." 

Holidays  occurring  in  vacations,  or  on  days  on  which  the  school  would  not 
be  taught  were  they  not  holidays,  arc  not  to  be  included  in  this  item. 

"  18.  The  number  of  other  week-days,  during  the  terms  of  school,  on  which 
Bchool  was  not  taught." 

Under  this  item  trustees  will  report  Saturdays  and  other  week-days  on  which 
Bchool  was  not  taught,  occurring  during  the  terms  of  school,  but  not  in  vaca- 
tions. Include,  also,  those  holidays  occurring  during  the  terms  of  school,  wliich 
were  not  reported  under  item  "  16  "  or  "  17." 


School  District  Meetings  a>'d  Officeks.  165' 

Vacations  of  a  ■week  or  more,  occurring-  during  the  terms  of  school,  are  not 
to  be  included  in  the  time  reported  in  item  "  IG,"  "  17  "  or  "  18." 

A  few  words  only  need  be  said  in  regard  to  the  remaining  items  on  the 
second  page  of  the  report. 

It  is  especially  important  that  trustees  report  the  aciunl  number  of  volumes  in 
the  district  library,  and  their  estimated  value.  If  the  district  has  no  library, 
write  the  word  "  none  "  in  the  first  blank  space  in  item  "  20." 

In  all  cases  they  will  state  the  value  of  the  school-house  site  and  of  the 
school-house  respectively,  according  to  their  best  judgment.  Do  not  fail  to 
give  the  assessed  valuation  of  all  the  property  taxable  in  the  district. 

Trustees  are  urged  to  give  correctly  every  item  called  for  in  the  blank  for 
report.  The  questions  on  page  3  of  the  blank  have  been  added  mainly  for  the 
purpose  of  affording  the  school  commissioner  and  the  department  additional 
information  in  regard  to  the  affairs  of  the  various  districts. 

A  full  tnd  correct  report  in  regard  to  evenj  item  called  for  by  the  blank  for  the 
report  must  be  insisted  iipon  by  the  school  commissioners  and  by  the  depart- 
ment. 

In  filling  the  blank  spaces  at  the  close  of  the  report,  give  the  name  of  post- 
office,  that  the  commissioner  may  know  where  to  address  the  trustees,  in  case 
he  shall  desire  so  to  do.  In  many  districts  in  the  State,  the  district  number 
has  been  changed  since  July  17  1866.  In  every  case  the  district  should  be 
reported  under  the  new  number. 

Joint  Districts. 

ff  a  district  does  not  lie  wholly  in  one  coimty,  and  the  children  to  be  reported 
do  not  all  reside  in  the  same  county,  trustees  will  make  to  the  commissioner, 
in  whose  commissioner  district  the  school-house  stands,  a  full  "financial" 
report,  and  also  a  full  "  statistical  "  report,  except  that  it  must  be  a  report  in 
regard  to  those  children  only  who  reside  in  his  county ;  but  they  will  include 
all  these,  even  though  some  of  them  may  reside  in  some  other  commissioner 
district  of  his  county.  They  will  make  to  each  other  commissioner  in  any 
county  other  than  that  in  which  the  school-house  stands,  and  in  whose  com- 
missioner district  any  portion  of  their  school  district  is  situated,  a  report  show- 
ing  the  length  of  time  the  school  shall  have  been  taught,  by  duly  licensed 
teachers,  during  the  said  school  year  ;  the  number  of  children  of  school  age  who 
reside  in  that  part  of  their  school  district  which  lies  in  his  commissioner  district ; 
the  nixmber  of  children  of  school  age  who,  at  any  time  dm'ing  the  year  while 
residing  in  that  part  of  their  district,  shall  have  attended  their  school ;  and  also 
the  number  of  children  residing  in  other  school  districts  lying  in  any  toivn  in 
his  commissioner  district,  who  shall  have  attended  tlieir  school  for  any  length 
of  time  during  the  year,  being  at  that  time  of  school  age.  They  will  also 
make  out  the  average  daily  attendance,  in  each  case,  so  that,  in  each  report,  it 
shall  relate  to  those  children  only  who  are  therein  reported. 

All  blanks,  registers,  and  other  documents  for  school  districts  are  to  be  sent 
to  the  town  clerk ;  and  the  trustees  should  call  for  them  if  not  received  in 


166  Assessment  and  Collectiox  of  Taxes, 

time.  If  they  fail  to  receive  them,  simply  because  they  have  not  called  on  the 
town  clerk  for  the  same,  they  will  not  therefore  be  relieved  from  any  responsi 
bility  of  having  the  register  kept,  and  of  properly  making  their  annual  report. 

It  is  quite  important  that  the  names  of  school  district  otTicers  and  their  post- 
office  address  be  known  at  the  department,  and  by  the  school  commissioners, 
that  communications  may  be  sent  to  any  of  them  by  mail.  In  view  of  this, 
the  law  now  requires  the  district  clerk  to  report  to  the  town  clerk,  immediately 
after  each  annual  school  meeting,  the  names  and  post-office  address  of  the 
district  officers.  Trustees  sliould  see  to  it  that  the  clerk  of  their  district  com- 
plies with  the  law  in  this  respect. 

In  making  out  the  report,  the  trustees  should,  if  possible,  meet  together.  As 
a  precaution,  it  is  earnestly  urged  that  they  complete  their  report  and  deposit 
it  in  the  office  of  the  town  clerk  before  the  annual  meeting. 

In  all  cases  the  outgoing  trustee  should  hand  over  to  his  successor  in  office 
circulars  and  all  other  documents  and  papers  relating  to  the  district. 

The  importance  of  the  position  that  the  office  of  trustee  holds  in  our  admir- 
able and  beneficent  school  system,  and  the  influence  it  must  exert  in  insuring 
the  complete  enforcement,  or  partial  neglect,  of  its  salutary  provisions,  cannot 
be  too  highly  magnified.  Upon  an  intelligent  conception  of  their  trusts,  and  a 
generous  liberality  in  the  dischai-ge  of  them,  must  depend  in  a  great  measure 
the  prosperity  not  only  of  every  district,  but  of  the  schools  at  large. 

SEVENTH  ARTICLE. 
Of  the  assessment  of  district  taxes,  and  the  collection  of  such 

taxes  '  a7id  herein  of  the  collector,  hisjyowers,  duties  and  liability/. 

§  65,  Within  thirty  days  after  a  tax  shall  have  been  voted  by 
a  district  meeting,  the  trustees  shall  assess  it,  and. make  out  the 
tax  list  therefor,  and  annex  thereto  their  warrant  for  its  collection. 
But  they  may  at  the  same  time  assess  two  or  more  ta.ves  so  voted, 
and  any  tax  or  taxes  they  are  authorized  to  raise  without  such 
vote,  and  make  out  one  tax  list  and  one  warrant  for  the  collection 
of  the  whole.  They  shall  also  prefix  to  their  tax  list  a  heading 
sliowing  for  what  purpose  the  different  items  of  the  tax  is  levied. 

This  section  makes  pro\ision, 

1.  For  the  time  within  which  a  tax  list  shall  be  made  out ; 

2.  For  wliat  shall  be  included  in  it ; 

3.  For  the  heading  of  it. 

1.  The  first  sentence  is  substantially  the  same  as  section  99,  chapter  480, 
Laws  of  1847.  Of  that  section  the  supremo  court  said  (2  Denio,  161) :  "There 
arc  no  negative  words  in  the  statute,  such  as  would  necessarily  make  it  imper- 
ative ;  and  in  such  a  case,  for  the  benefit  of  the  public,  the  act  may  be  done 
aft>-'r  the  tlmi;  has  elapsed  ;  the  statute,  as  to  time,  being  regarded  as  directory 
only."    The  court  remark,  however  :  "  Had  it  appeared,  in  this  case,  that  there 


ASSESSilEXT   AXD    COLLECTION   OF   TaXES.  167 

was  such  a  change  in  the  taxable  persons  or  property  in  the  district,  between  the 
expiration  of  the  month  and  the  time  the  tax  list  was  made  out,  a  different  ques- 
tion would  have  been  presented.  But  it  does  not  appear  that  there  was  any  such 
change,  or  that  the  plaintiff  was  in  any  way  injured  by  the  delay."  The  policy 
of  the  statute  is.  that  the  tax  shall  affect  only  the  persons  and  property  subject 
to  the  authority  of  the  meeting  which  imposes  it,  and  such  persons  as  shall 
voluntarily  expose  themselves  to  liability  while  the  tax  list  is  being  made  out. 
Land  purchase!  after  a  tax  is  voted,  but  before  the  tax  list  is  made  out,  should 
be  assessed  to  the  purchaser,  if  he  has  taken  possession  ;  and  the  seller  may 
be  taxed  for  the  purcliase-money  secured  by  mortgage,  as  personal  property, 
although  he  has  reserved  the  possession  to  a  tenant  until  a  period  which  ^vill 
not  arrive  imtil  after  the  tax  list  is  made  out.  Persons  about  to  remove  from 
the  district  must  be  included  in  the  tax  list,  if  inhabitants  when  it  is  completed. 

By  section  83  of  this  title  the  trustees  are  forbidden  to  deliver  the  tax  list 
and  warrant  to  the  collector  until  the  tlurty-first  day  after  the  tax  was  voted. 
A  tax  list  cannot  be  regarded  as  completed  until  it  has  been  delivered  with  the 
warrant  to  the  collector.  While  it  remains  in  the  hands  of  the  trustees  it  may 
be  altered  and  amended  at  any  time.  The  actual  making  up  of  a  tax  list  and 
warrant  may  be  the  work  of  a  clerk  or  amanuensis.  Although  it  may  be  in 
due  form  and  contain  all  that,  is  legally  necessary,  even  to  the  signatures,  it 
cannot  be  deemed  complete  imtil  it  has  passed  from  their  hands  to  the  proper 
officer  to  collect  it.  There  is  an  analogy  between  such  a  paper  and  a  deed, 
mortgage  or  lease.  They  may  be  complete  as  to  form  and  execution,  but  the 
transaction  between  grantor  and  grantee  is  not  complete  without  delivery. 

It  is  the  clear  duty  of  trustees  to  proceed  in  the  making  out  of  every  tax 
list  with  such  dispatch  that  it  may  be  completed  within  tliirty  days,  whenever 
practicable.  It  should  not  be  postponed  because  circumstances  may  render  it 
expedient  to  delay  the  collection. 

If  the  copy  of  an  appeal  be  served  before  the  trustees  have  completed  their 
assessment,  the  time  during  which  the  appeal  is  pending  is  to  be  deducted  in 
counting  the  thirty  days.  ■ 

2.  In  regard  to  the  form  of  a  tax  list,  the  following  directions,  prescribed  by 
title  2,  chapter  lei,  first  part  ofj|the  Revised  Statutes,  for  the  government 
of  as.sessors,  are  appropriate,  and  it  would  conduce  to  accuracy  for  trustees  to 
conform  to  them,  whether  it  be  strictly  necessary  or  not. 

"  §  9.  They  shall  prepare  an  assessment  roll,  in  which  they  shall  set  do'mi  in 
four  scjiarato  columns,  and  according  to  the  best  information  in  their  power: 

"1.  In  the  first  column  the  names  of  all  the  taxable  inhabitants  in  the  town 
or  ward,  as  the  case  may  be  ; 

"  2.  In  the  second  column,  the  quantity  of  land  to  be  taxed  to  each  person  ; 

"  3.  In  the  third  column,  the  full  value  of  such  land,  according  to  the  defini- 
,  tion  of  the  term  land,  as  given  in  the  first  title  of  this  chapter. 

4.  In  the  fourth  column,  the  full  value  of  all  the  taxable  personal  property 
owned  by  such  person,  after  deducting  the  just  debts  owing  by  him. 

"  ^  10.  AVhere  a  person  is  assessed  as  trustee,  guardian,  executor  or  admin- 
istrator, he  shall  be  assessed  as  such,  with  the  addition  to  his  name  of  his  rep- 
resentative character,  and  such  assessment  shall  be  carried  out  in  a  separate 
line  from  his  individual  assessment ;  and  he  shall  be  assessed  for  the  value  of 


168 


Assessment  and  Collection"  of  Taxes. 


tlie  real  estate  held  by  him  in  such  representative  character,  at  the  full  value 
thereof,  and  for  the  personal  property  held  by  him  in  such  representative 
character,  deducting  from  such  personal  property  the  just  debts  due  from  liim 
in  such  representative  character." 

3.  The  following  are  suitable  forms  of  tax  list  and  warrant : 
List  of  taxes  apportioned  by  the  trustees  of  District  No.  ,  in  the  town  of 
Trenton,  county  of  Oneida,  in  accordance  with  the  provisions  of  article  seven, 
title  seven,  of  the  general  school  law  of  the  State  of  New  York,  for  the  purpose 
of  raising  the  sum  of  $1,081.80,  laid  and  charged  on  tlie  said  district  according 
to  law,  viz.  :  $50  for  the  purchase  of  an  additional  site  and  $1 ,000  for  build- 
ing thereon,  voted  by  a  district  meeting  on  the  day  of  ,  186  ,  $10 
for  repairs  of  the  school-house,  and  $8.20  for  fuel. 


NAMES    OF     TAXABLE    INHABITANTS    AND    COKPORA- 
TIONS. 

a 

ii 

O 

II 
> 

c 

3 
o  _. 

a  S 

,-  « 

oo 
El 

James  Thomas, 

80  acres. 

$400 

$1,025 
25,000 

$6  81 

17  45 

446  91 

10  04 

James  Thomas,  executor  of  estate  of  John  Thomas, 

5  acres. 
X  acres. 

1,250 
025 

John  Davison 

Statement  and  description  of  unoccupied  and  unimproved  lands  of  non-residents 
of  said  district  on  which  a  tax  haf^been  imposed  as  above  stated  : 


NO.   AND  DESCRIPTION  OF  LOTS  AND  PARTS   OF  L(»S. 


No.  17,  short  tract, 

Tliat  part  of  the  south-west  quarter  of  lot  No.  9.3. 
short  tract,  which  lies  cast  ol  a  line  rniiuinir  north 
43"  west  from  the  south-cast  corner  of  lot  No.  12, 
in  the  same  tract,  being  the  district  boundary 
line .   . . 


10  acres. 


2X  acres. 


$25  00 


C  00 


o  X 


$0  75 


18 


Assessment  and  Collection  of  Taxes,  169 

To  the  collector  of  school  district  Xo.  ,  in  tlie  town  of 

county  of  : 

You  are  hereby  commanded  to  receive  from  each  of  the  taxable  inhabitants 
and  corporations  named  in  the  foregoing  list,  and  of  the  owners  of  the  real 
estate  described  therein,  the  several  sums  mentioned  in  the  last  column  of  the 
said  list,  opposite  to  the  persons  and  corporations  so  named,  and  to  the  several 
tracts  of  land  so  described,  or  so  much  thereof  as  may  be  voluntarily  paid 
to  you  for  two  successive  weeks  after  the  delivery  to  you  of  this  warrant, 
together  with  one  cent  on  each  dollar  thereof  for  your  fees  ;  and,  after  the 
expiration  of  the  time  above  mentioned,  to  proceed  forthwith  to  collect  the  resi- 
due of  the  sums  not  so  paid  in  as  aforesaid,  with  five  cents  on  each  dollar 
thereof  for  your  fees  ;  and  in  case  any  person  upon  whom  such  tax  is  imposed 
shall  neglect  or  refuse  to  pay  the  same,  you  are  to  levy  the  same  by  distress 
and  sale  of  the  goods  and  chattels  of  the  person  or  corporation  so  taxed,  in  the 
same  manner  as  on  warrants  issued  by  the  board  of  supervisors  to  the  collect- 
ors of  taxes  in  towns ;  and  you  are  to  make  a  return  of  this  warrant  witliin 
thirttj  days  after  the  delivery  thereof  to  you  ;  and,  if  sny  tax  on  the  real  estate 
of  a  non-resident  mentioned  in  the  said  list  shall  be  impaid  at  the  time  when 
you  are  required  to  return  this  warrant,  you  are  to  deliver  to  the  trustees  of 
the  said  district  an  account  thereof,  according  to  law.  All  moneys  received  or 
collected  by  you  by  virtue  of  this  warrant,  you  are  to  keep  safely,  and  to  pay 
out  the  same  on  the  written  order  of  a  majority  of  the  trustees. 

Given  under  our  hands  this  day  of  ,  in  the  year  one 

thousand  eight  hundred  and  sixty- 

A.  B.,) 

C.  D.,V  Trustees. 

E.  F.,) 

When  the  tax  has  been  levied  and  assessed  by  all  the  trustees,  their  judicial 
duties  are  at  an  end  ;  it  is  unimportant  whether  all  are  present  at  the  signing 
of  the  warrant,  which  is  but  a  ministerial  act.  (19  Barb.,  167.)  It  is  becaiise 
the  issuing  of  the  warrant  is  a  ministerial  act,  and  the  statute  prescribes  the 
legal  effect  of  the  process,  that  the  trustees  will  be  trespassers  if  they  adopt  a 
form  which  departs  from  it  and  directs  the  collector  to  act  otherwise  than  the 
law  directs.  (16  Wend.,  607.)  The  collector  acts  for  two  weeks  after  the  deliv- 
ery of  the  warrant  as  mere  receiver  of  taxes ;  if  he  undertakes  to  levy  upon 
property  within  that  time,  he  becomes  a  trespasser.  (17  Ba?-l>.,  147.) 

The  statute  no  longer  prescribes  thirty  days,  or  any  other  period,  within 
which  the  warrant  shall  be  made  returnable  (IS  Barb.,  331) ;  but  the  trustees 
must  prescribe  a  time  in  the  warrant,  and  should  not  depart  from  the  former 
usage  except  for  strong  reasons. 

§  66.  In  making  out  a  tax  list,  the  trustees  of  school  districts 

shall  apportion  the  same  on  all  taxable  inhabitants  of  the  district, 

and   upon   corporations   and  persons    holding   property   therein, 

according  to  the  valuation  of  the  taxable  property  which  shall  be 

22 


170  Assessment  and  Collection  of  Taxes. 

owned  or  possessed  by  them  at  the  time  of  making  out  such  list 
•within  such  district,  or  partly  within  such  district,  and  partly  in  an 
adjoining  district,  and  uj^on  all  unoccupied  real  estate  lying  within 
the  boundaries  of  such  district,  the  owners  of  which  shall  be  non- 
residents, and  wliich  shall  be  liable  to  taxation  for  town  or  county 
purposes;  and  upon  the  amount  of  rents  reserved  in  any  leases  in 
fee,  or  for  one  or  more  lives,  or  for  a  term  of  years  exceeding  twenty- 
one  years,  and  chargeable  upon  lands  within  such  district,  which 
rents  shall  be  assessed  to  the  person  or  persons  entitled  to  receive 
the  same  as  personal  estate,  Avhich  it  is  hereby  declared  to  be, 
for  the  purpose  of  taxation  for  school  purposes,  at  a  principal  sum, 
the  interest  of  which,  at  the  legal  rate  per  annum,  shall  produce  a 
sum  equal  to  such  annual  rents ;  and  in  case  such  rents  are  payable 
in  any  other  thing  except  money,  the  value  of  such  annual  rents 
in  money  shall  be  ascertained  by  tlie  trustee  or  trustees,  and  the 
same  shall  be  assessed  in  manner  aforesaid.  But  when  it  shall  be 
ascertained  that  the  proportion  of  any  tax  upon  any  lot,  tract  or 
parcel  not  occupied  by  any  inhabitant,  or  upon  rents  reserved, 
would  not  amount  to  fifty  cents,  the  trustees,  in  their  discretion, 
may  omit  such  lot,  tract  or  parcel,  or  reserved  rents,  from  the  tax 
list.  Banks  or  banking  associations,  organized  under  the  laws  of 
Congress  or  of  this  State,  shall  be  taxed  by  assessing  the  indi- 
vidual stockholders  for  the  amount  of  stock  owned  or  possessed 
by  them ;  but  such  assessment  shall  be  made  only  in  the  district 
where  the  bank  is  located.  And  it  is  hereby  made  the  duty  of 
the  president  or  cashier  of  any  such  banking  association,  or  of  the 
person  temporarily  performing  the  duties  of  either  of  them,  to  fur- 
nish to  the  trustee  or  trustees,  or  board  of  education  of  the  school 
district  in  which  the  bank  of  such  association  is  located,  whenever 
the  same  shall  be  called  for,  for  the  purpose  of  making  out  a  tax 
list  for  the  collection  of  a  district  tax,  a  list  of  all  persons  and 
bodies  corporate,  owning  or  holding  stock  in  said  bank,  which  list 
shall  also  show  the  amount  of  stock  owned  or  held  by  each 
such  person  or  body  corporate.  A  refusal  to  comply  with  the 
requirements  of  this  section,  by  the  officers  of  any  such  banking 
association  heroin  named,  shall  be  punished  by  a  fine  of  not  less 
than  fifty  nor  more  than  two  hundred  dollars  for  each  and  every 
refusal,  to  be  sued  for  by  the  supervisor  of  the  town  in  Avhich  the 
bank  of  such  association  is  located,  in  his  name  of  office;  which 


Assessment  axd  Collection  of  Taxes.  171 

penalty,  when  collected,  sli;ill  be  for  the  benefit  of  the  school  dis- 
trict in  -which  such  bank  is  located.  Individual  bankers  shall  be 
assessed  in  accordance  with  the  provisions  of  section  2  of  chapter 
761  of  the  Laws  of  1866. 


The  statute  requires  the  trustees  to  ascertain  and  determine  who  are  taxable 
inhabitants  at  the  time  of  making  out  the  (ax  list,  and  to  apportion  the  tax  on  the 
persons  and  corporations  then  holding  property  in  the  district,  without  regard 
to  the  time  when  tlie  same  was  voted,  and  without  discrimination  on  accoimt  of 
the  purpose  for  wliich  it  was  voted,  except  that  in  favor  of  any  inhabitants  under 
section  73,  of  this  title. 

The  personal  property  of  all  persons  actually  residing  in  the  district  is  taxa- 
ble therein,  wherever  such  personal  property  may  be  situated.  As  an  exception 
to  this  rule,  the  shares  in  banlis  and  banking  associations  are  taxable  only  in 
that  district  in  which  the  bank  is  located.  It  is  also  provided,  by  chapter  .S7  of 
1855,  tliat  "  all  persons  and  associations  doing  business  in  the  State  of  New 
York,  as  merchants,  bankers  or  otherwise,  either  as  principals  or  partners, 
whetlier  special  or  otherwise,  and  not  residents  of  this  State,  shall  be  assessed 
and  taxed  on  all  sums  invested  in  any  manner  in  said  business,  tlie  same  as  if 
they  were  residents  of  this  State,  and  said  taxes  shall  be  collected  from  the 
property  of  the  firms,  persons  or  associations  to  which  they  severally  belong." 

Non-residents,  taxable  under  the  above  cited  statute,  are  to  be  deemed  taxable 
inhabitants  of  the  district  in  which  they  may  be  doing  business.  If  the  owners 
or  their  agents  become  temporary  sojourners  in  the  State,  for  the  purpose  of 
managing  sucii  business,  their  residence  for  the  purpose  of  such  taxation  is 
defined  in  the  followinar  statute : 


"  §  5.  Every  person  shall  be  assessed  in  the  town  or  ward  where  he  resides 
when  the  assessment  is  made,  for  all  personal  estate  owned  by  him,  including 
all  personal  estate  in  liis  possession  or  under  liis  control  as  agent,  trustee, 
guardian,  executor  or  administrator ;  and  in  no  case  shall  property,  so  held 
under  either  of  these  trusts,  be  assessed  against  any  other  person  ;  and  in  case 
any  person,  possessed  of  such  personal  estate,  shall  reside,  during  any  year  in 
whicli  taxes  may  be  levied,  in  two  or  more  counties,  towns  or  wards,  his  resi- 
dence, for  the  purposes  and  within  the  meaning  ot  tliis  section,  sliall  be  deemed 
and  held  to  be  in  the  county,  town  or  ward  in  which  his  principal  business 
shall  have  been  transacted  ;  but  the  products  of  any  State  of  the  United  States, 
consigned  to  agents  in  any  town  or  ward  of  this  State,  for  sale  on  commission, 
for  tlie  benefit  of  the  owner  thereof,  shall  not  be  assessed  to  such  agent,  nor 
shall  such  agents  or  moneyed  corporations  or  capitalists  be  liable  to  taxa- 
tion under  this  section,  for  any  moneys  in  their  possession  or  under  their  con- 
trol transmitted  to  them  for  the  purposes  of  investment  or  otherwise."  {Title  2, 
chu/ittr  13,  2^(^>'(  Isi  liuvistd  Siatalen,  as  amended  by  section  2,  chaptur  176  of  1851.) 

The  Revised  Statutes  "  of  the  assessment  and  collection  of  taxes,"  in  title  1 
of  the  same  chapter  from  which  the  preceding  quotation  is  taken,  contain  the 
following  provisions : 


172  Assessment  axd  Collectiox  of  Taxes. 

"  §  2.  The  term  '  land,'  as  iised  in  this  chapter,  shall  be  construed  to  include 
the  land  itself,  all  buildings  and  other  articles  erected  upon  or  atfixed  to  the 
same,  all  trees  and  underwood  growing  thereon,  and  all  mines,  minerals, 
quarries  and  fossils,  in  and  under  the  same,  except  mines  belonging  to  the 
State  ;  and  the  terms  '  real  estate  '  and  '  real  property,'  whenever  they  occur  in 
this  chapter,  shall  be  construed  as  having  the  same  meaning  as  the  term  '  land ' 
thus  defined. 

"  §  3.  The  terms  '  personal  estate '  and  '  personal  property,'  whenever  they 
occur  in  this  chapter,  shall  be  construed  to  include  all  household  furniture, 
moneys,  goods,  chattels,  debts  due  from  solvent  debtors,  whether  on  account, 
contract,  note,  bond  or  mortgage,  public  stocks  and  stocks  in  moneyed  corpo- 
rations. They  shall  also  be  construed  to  iiKlude  sucii  portion  of  the  capital  of 
incorporated  companies,  liable  to  taxation  on  their  cajjital,  as  shall  not  be 
invested  in  real  estate. 

"  §  4.  The  following  property  shall  be  exempt  from  taxation  : 

"  1.  All  property,  real  or  personal,  exempted  from  taxation  by  the  Constitu- 
tion of  this  State  or  under  the  Constitution  of  the  United  States ; 

"  2.  All  lands  belonging  to  this  State  or  the  United  States  ; 

"  3.  Every  building  erected  for  the  use  of  a  college,  incorporated  academy  or 
other  seminary  of  learning ;  every  building  for  public  worship,  every  school- 
house,  court-house  and  jail ;  and  the  several  lots  whereon  such  buildings  are 
situated,  and  the  furniture  belonging  to  each  of  them  ; 

"  4.  Every  poor  house,  almshouse,  house  of  industry,  and  every  house 
belonging  to  a  company  incorporated  for  tlie  reformation  of  offenders,  and  the 
real  and  personal  property  helonging  to  or  connected  with  the  same ; 

"  5.  The  real  and  personal  property  of  every  public  library  ; 

"  6.  All  stocks  owned  by  the  State  or  by  literary  or  charitable  institutions ; 

"  7.  The  personal  estate  of  every  incorporated  company  not  made  liable  to 
taxation  on  its  capital  in  the  fourth  title  of  this  chapter  ; 

"8.  The  personal  property  of  every  minister  of  the  gospel,  or  priest  of  any 
denomination  ;  and  the  real  estate  of  such  minister,  or  priest,  when  occupied 
by  him,  provided  such  real  and  personal  estate  do  not  exceed  in  value  one 
thousand  five  hundred  dollars  ;  and 

"  9.  All  property  exempted  by  law  from  execution. 

"  g  5.  If  the  real  and  personal  estate,  or  either  of  them,  of  any  minister  or 
priest  exceed  the  value  of  one  thousand  five  hundred  dollars,  that  sum  shall 
be  deducted  from  the  valuation  of  liis  property,  and  the  residue  shall  be  liable 
to  taxation. 

"  ^  6.  Lands  sold  by  the  State,  though  not  granted  or  conveyed,  shall  be 
assessed  in  the  same  manner  as  if  actually  conveyed. 

"  %  7.  Tlie  owner  or  holder  of  stock  in  any  incorporated  company  liable  to 
taxation  on  its  capital  shall  not  be  taxed  as  an  individual  for  such  stock." 


Land  set  apart,  and  a  portion  of  which  has  been  actually  used,  for  a  family 
or  private  burying  ground,  not  exceeding  one-quarter  of  an  acre,  and  provided 
a  description  of  the  same  has  been  made  and  duly  acknowledged  and  recorded 
in  the  county  clerk's  office,  is  also  exempt.  {Laics  of  1847,  chapter  85,  sectionii 
1  and  2.) 

The  exemption  from  taxation  of  every  building  for  public  Avorship,  and 
every  school-house  and  other  seminary  of  learning,  under  the  provisions  of 
subdivision  3  of  section  four,  title  1,  chapter  13  of  part  first  of  the  Revised 
Statutes,  or  amendments  thereof,  shall  not  apply  to  any  building  or  premises 
in  the  city  of  New  York,  unless  the  same  shall  be  exclusively  used  for  such 
purposes,  and  exclusively  the  property  of  a  religious  society,  or  of  the  New 
York  Public  School  Society.  {Laivs  o/1852,  chapter  282.) 


AsSESSaiEXT   AND    COLLECTIOX   OF   TaXES.  1Y3 

No  tax  or  assessment  shall  at  any  time  be  imposed,  assessed  or  collected 
upon  the  mint  or  branch  mint  of  the  United  States,  wliich  may  be  authorized 
by  act  of  Congress  to  be  established  in  the  city  of  New  York ;  neither  upon 
the  land  on  which  the  buildings  used  or  to  be  used  therefor  shall  or  may  be 
erected,  nor  upon  the  buildings  used  or  to  be  used  therefor,  nor  upon  the 
machinery  used  or  to  be  used  therein,  nor  upon  bullion  or  metal  deposited  for 
coinage,  nor  upon  the  coin  stamped  at  said  mint  or  branch  mint,  while  in  the 
custody  of  the  officers  of  said  mint  or  branch  mint  of  the  United  States  in  the 
city  of  New  York.  {Laws  o/1852,  chapter  4G.) 

No  assessment  or  tax  of  any  description,  general  or  local,  shall  be  imposed, 
assessed  or  collected  upon  the  assay  office  of  the  United  States,  which,  by  act  of 
Congress  of  March,  1853,  it  is  provided  shall  be  established  in  the  city  of  New 
York  ;  neither  upon  the  land  owned  by  the  United  States  on  which  the  build- 
ing used  or  to  be  used  therefor  shall  be  erected  ;  nor  upon  the  buildings  used 
or  to  be  used  therefor ;  nor  upon  the  machinery  used  or  to  be  used  therein  ;  nor 
upon  the  metal,  bullion  or  coin  deposited  for  melting,  remelting  or  assaying  ; 
nor  upon  the  bars  or  ingots,  after  melting,  remelting  or  assaying,  while  the 
same  is  in  the  custody,  possession  or  under  the  control  of  the  officers  of  the 
assay  office  of  the  United  States  in  the  city  of  New  York.  {Laws  of  1853,  chap- 
ier  40G.) 

All  lands  now  held  or  which  may  hereafter  be  held  by  any  agricultural 
society  in  this  State,  and  permanently  used  for  show  grounds  by  any  such 
society,  shall  be  exempt  from  taxation  during  the  time  so  used.  {Lan's  of  1856, 
chapter  183.) 

No  tax  shall  hereafter  be  assessed  or  imposed  on  either  of  said  reservations 
(Allegany  or  Cattaraugus  reservations),  or  on  any  part  thereof,  for  any  pur- 
poses whatever,  so  long  as  said  reservations  remain  the  property  of  the  Seneca 
nation  ;  and  all  acts  of  the  Legislature  of  this  State  confficting  with  the  pro- 
visions of  this  section  are  hereby  repealed.  {Laics  of  1857,  chapter  45,  section  4.) 

From  and  after  the  passage  of  this  act,  the  lands  of  the  corporation  "  The 
Sackett's  Harbor  and  Saratoga  Railroad  Company,"  by  whatever  name  the 
said  corporation  may  hereafter  be  lawfully  called,  or  which  it  shall  hereafter 
acquire  on  existing  contracts  or  existing  pre-emption  rights,  shall  be  free  and 
exempt  from  all  taxation  until  the  twelfth  day  of  September,  one  thousand 
eight  hundred  and  seventy-nine ;  but  this  section  shall  not  apply  to  the  road 
bed  or  track,  nor  to  the  lands  occupied  or  used  for  structures  necessary  to  the 
working  of  its  road,  nor  to  any  lands  after  the  same  shall  be  sold  by  said  cor- 
poration. {Lavjs  of  1857,  chapter  98,  section  1.) 

It  is  also  provided  by  section  5,  chapter  546  of  1855,  that  "  toll-houses  and 
other  fixtures,  and  all  property  belonging  to  any  plank  or  turnpike  road  com- 
pany, shall  be  exempt  from  assessment  and  taxation  for  any  purpose  whatever, 
until  the  surplus  annual  receipts  of  tolls  on  their  respective  roads,  over  neces- 
sary repairs,  and  a  suitable  reserve  fund  for  repairs  and  relaying  of  plank,  shall 
exceed  seven  per  cent  per  annum  on  the  first  cost  of  such  road.  In  case  of  any 
disagreement  between  the  assessors  of  any  town,  village  or  city  and  any  such 
company  concerning  such  exemption  claimed,  said  company  may  appeal  to  the 


174  Assessment  axd  Collectiox  of  Taxes. 

county  judofe  of  the  county  in  v/liicli  such  assessment  is  proposed  to  hs  made, 
who  shall,  after  due  notice  to  the  appealing  jjarty  of  such  appeal,  examine  the 
books  and  vouchers  of  such  company,  and  take  such  further  proofs  as  he  shall 
deem  proper,  and  shall  decide  whether  such  company  is  liable  to  taxation 
under  the  section,  and  liis  decision  shall  be  final."  {Session  Laws  of  1855,  p- 
1044.) 

Section  140  of  chapter  477,  Laws  of  18fi2  (the  Military  Code),  as  amended  by 
chai)ter  502,  Laws  of  1867  {vol.  2,  p.  1295),  exempts  $500  of  the  property  of 
certain  persons  therein  named,  and  $1,000  of  others. 

i;  14G.  Every  non-commissioned  officer,  musician  or  private  of  the  national 
guard  of  this  State,  shall  be  liolden  to  do  duty  tlierein  for  the  term  of  seven  years 
from  liis  enlistment,  unless  disability  after  enlistment  shall  incapacitate  him 
to  perform  such  duty,  or  he  shall  be  regularly  discharged  by  the  commandant 
of  his  regiment ;  all  general  and  staff  officers,  all  field  officers,  all  commissioned 
and  non-commissioned  officers,  musicians  and  privates  of  the  organized  national 
guard  of  this  State,  shall  be  exempt  from  jury  duty  during  the  time  they  shall 
perform  military  duty,  and  shall  be  entitled  to  a  deduction  in  the  assessment 
of  their  real  and  personal  property  to  the  amount  of  five  hundred  dollars  each, 
except  cavalrymen,  artillerymen  and  mounted  officers,  who  shall  be  entitled  to 
a  deduction  of  one  thousaind  dollars  on  all  classes  of  taxes.  And  every  person 
who  shall  have  so  served  seven  years,  and  shall  have  been  honorably  dis- 
charged as  required  by  this  section,  sliall  forever  after,  as  long  as  he  remains  a 
citizen  of  this  State,  be  exempt  from  jury  duty.  No  non-commissioned  officer, 
musician  or  private  in  the  national  guard  shall  be  discharged  from  service, 
except  for  physical  disability  or  expiration  of  term  of  service.  Discharges  for 
physical  disability  shall  be  given  only  upon  the  certificate  of  the  regimeiital 
surgeon ;  and  no  member  of  any  company  shall  be  discharged  from  ser\ace 
except  upon  the  certificate  of  the  commanding  officer  of  his  company,  that 
such  member  has  turned  over  or  satisfactorily  accounted  for  all  property  issued 
to  and  charged  to  him.  Commanding  officers  of  regiments  shall  make  returns 
tlirough  intermediate  officers,  to  the  Adjutant-General,  on  the  first  day  of  Jan- 
uary and  July  in  each  year,  of  all  discharges  granted  by  them  during  the 
previous  six  months,  giving  names  and  grades  of  the  persons  so  discharged, 
and  the  causes  for  which  discharged. 

Under  the  provision  for  taxing  rents  reserved,  it  has  been  decided  (4  Barl.^ 
12),  that  "  The  tax  is  to  be  assessed  in  the  town  where  the  lands  lie.  In  this 
respect  it  is  like  a  tax  on  real  estate,  and  not  like  that  on  personal  estate,  which 
follows  the  residence  of  the  person  whose  property  is  assessed."  In  that  case 
it  was  held  that  the  valuation  of  the  assessors  might  be  corrected  by  the  affida- 
vit of  the  person  assessed,  and,  as  was  also  held  in  7  Barh.,  251,  that  all  leases 
are  included  within  the  act  which  originally  had  more  than  twenty-one  years 
to  run,  notwithstanding  the  term  remaining  unexpired  at  the  time  the  assess- 
ment is  made  may  be  less  than  twenty-one  years ;  in  other  words,  the  rents 
reserved  under  such  a  lease  continue  to  be  taxable  till  the  expiration  of  the  term. 
It  was  held,  in  8  Barb.,  23,  that  the  tenant  was  not  liable  to  pay  to  the  landlord 
taxes  assessed  upon  such  rents  under  a  lease  in  perpetuity,  though  the  lease 
contained  a  covenant  binding  the  tenant  to  pay  any  taxes  assessed  upon  the 
premises  or  upon  the  landlord,  his  heirs,  etc., /or  and  in  respect  to  the  premises. 

"§  1.  All  debts,  owing  by  inhabitants  of  this  State  to  persons  not  residing 
within  the  United  States,  for  the  purchase  of  any  real  estate,  shall  be  deemed 


Assessment  axd  Collectiox  of  Taxes.  175 

personal  property,  -within  tlift  town  or  county  where  the  debtor  resides,  and  as 
such  shall  be  lial)le  to  taxation  in  the  same  manner  and  to  the  same  extent  as 
the  personal  estate  of  citizens  of  this  State."  {Laws  of  1851,  chap.  371,  p.  721.) 

The  debt  taxable  under  this  section  must  be  for  the  purchase  of  real  estate, 
and  is  to  be  taxed  in  the  district  where  the  debtor  resides,  irrespective  of  the 
fact  that  the  real  estate  may  lie  elsewhere. 

In  regard  to  real  estate,  they  are  taxable  inhabitants  who,  lining  in  the  dis- 
trict, own  or  possess  any  land  therein  ;  that  is  to  say,  all  persons  who  have  the 
general  property  in  the  soil,  and  all  persons  who  occupy  it  as  tenants  ha\'ing 
a  temporary  right  to  its  possession  under  a  landlord.  The  latter,  although 
only  tenants  at  will,  may  be  assessed  for  the  land  in  their  occupation,  as 
appears  from  section  70,  of  this  title.  The  distinction  is  between  a  tenant,  for 
however  brief  a  period,  who  occupies  the  land  for  his  own  profit  and  is  entitled 
to  a  notice  to  quit  before  he  can  be  divested,  and  a  mere  agent  or  servant, 
managing  the  land  or  employed  upon  it  for  the  profit  of  another,  under  wages 
and  without  any  title  to  the  possession  of  the  land  or  to  its  products.  In 
respect  to  land  within  the  district  occupied  by  such  agents,  the  employer, 
whether  holding  the  fee  or  a  leasehold  estate,  and  though  residing  outside  of 
the  district,  is  declared  by  section  71,  of  this  title,  to  be  a  taxable  inhabitant  in 
respect  to  the  liability  of  such  property  to  taxation,  in  the  same  manner  as  if 
he  actually  resided  witliin  its  bounds. 

After  completing  the  enumeration  of  taxable  inhabitants  as  defined  by  the 
various  pro\isions  above  cited,  and  which  may  include  simdry  persons  not  resid- 
ing in  the  district,  the  trustees  are  to  inquire  whether  there  are  any  lands 
lying  within  the  boundaries  of  such  district  which  are  liable  to  taxation  for 
town  or  county  .purposes,  the  owners  of  which  are  non-residents,  and  which 
lands  are  not  occupied  by  a  tenant  (who  would  himself  be  taxable)  or  improved 
by  an  agent  or  servant,  whose  occupation  would  render  the  owner  not  a  non- 
resident, in  the  sense  of  the  law  for  the  purpose  of  taxation,  although  in  fact 
residing  in  some  other  district.  The  following  directions  to  the  assessors  in 
reference  to  the  mode  of  designating  the  lands  of  non-residents,  in  title  2,  chapter 
13,  first  part  of  the  Revised  Statutes  (and  which  are  of  course  to  be  followed  by 
trustees  when  they  find  it  necessary  to  make  an  original  assessment)  show  that 
it  is  only  unoccupied  land  which  is  to  be  so  regarded : 

"  ^  11.  The  lands  of  non-residents  shall  be  designated  in  the  same  assessment 
roll,  but  in  a  part  thereof  separate  from  the  other  assessments,  and  in  the  man- 
ner prescribed  in  the  two  following  sections  : 

"  ^  12.  If  the  land  to  be  assessed  be  a  tract  which  is  so  subdivided  into  lots, 
or  be  part  of  a  tract  which  is  so  subdivided,  the  assessors  shall  proceed  as 
follows : 

"  1.  They  shall  designate  it  by  its  name,  if  known  by  one,  or  if  it  be  not 
distinguished  by  a  name,  or  the  name  be  unknown,  they  shall  state  by  what 
other  lands  it  is  bounded  ; 

"  2.  If  they  can  obtain  correct  information  of  the  subdivisions,  they  shall  put 
down  in  their  assessment  rolls,  and  in  a  tirst  column,  all  the  unoccupied  lots  in 
their  town  or  ward,  owned  by  non-residents,  by  their  numbers  alone  and 
without  the  name  of  their  owners,  beginning  at  the  lowest  number  and  Dro- 
ceeding  in  numerical  order  to  the  highest ; 


J 76  Assessment  axd  Collection  op  Taxes. 

"3.  In  the  second  column,  and  opposite  to  tlie  niimber  of  eacli  lot,  they  shall 
set  down  the  quantity  of  land  therein  liable  to  taxation  ; 

"  4.  In  a  third  column,  and  opposite  to  the  quantity,  they  shall  set  down  the 
valuation  of  such  quantity  ; 

"  5.  If  such  quantity  b(.'  a  full  lot,  it  shall  be  desi<Tnated  by  the  nvimber  alone  ; 
if  it  be  a  part  of  a  lot,  the  part  must  be  designated  by  boundaries,  or  in  some 
other  way  Ijy  wliich  it  may  be  known. 

"  ^  VS.  If  the  land  so  to  be  assessed  be  a  tract  which  is  not  subdivided,  or  if 
its  subdivisions  cannot  be  ascertained  by  the  assessors,  they  shall  proceed  as 
follows : 

"1.  They  shall  enter  in  their  roll  the  name  or  boundaries  thereof,  as  above 
directed,  and  certify  in  the  roll  that  such  tract  is  not  subdivided,  or  that  they 
cannot  obtain  correct  information  of  the  subdi\isions,  as  the  case  may  be ; 

"  2.  They  shall  set  down  in  the  proper  column  the  quantity  and  valuation  as 
above  directed  ; 

"  3.  If  the  quantity  to  be  assessed  be  the  whole  tract,  such  description  by 
its  name  or  boundaries  will  be  sufficient ;  but  if  a  part  only  is  liable  to  taxa- 
tion, that  part,  or  the  part  not  liable,  must  be  particularly  described  ; 

"  4.  If  any  part  of  such  tract  be  settled  and  occupied  by  a  resident  of  the 
town  or  ward,  the  assessors  shall  except  such  part  from  their  assessment  of 
the  whole  tract,  and  shall  assess  it  as  other  occupied  lands  are  assessed." 


The  residue  of  the  section  relates  to  the  making  of  a  map,  which  is  supposed 
not  to  be  applicable  to  trustees  of  sclxpol  districts  ;  if  a  map  is  already  on  file, 
the  trustees  may  refer  to  it  in  aid  of  their  descriptions. 

"Without  amending  the  sections  above  quoted,  the  Legislature,  by  section  1, 
chapter  176  of  1851,  declared  that  "  Land  occupied  by  a  person  other  than 
the  owner  may  be  assessed  to  the  owner  or  occupant,  or  as  non-resident  land." 
It  is  not  easy  to  reconcile  the  apparent  conflict ;  and,  as  the  statute  last  men- 
tioned is  merely  permissive,  it  will  be  safest  for  trustees  to  treat  as  non-resident 
lands  only  those  which  are  imoccupied,  or,  at  most,  so  occupied  that  there  is  no 
prospect  of  collecting  the  tax  otherwise  than  by  the  sale  of  the  land. 

It  is  the  general  rule  that,  if  "  assessors  should  assume  to  assess  land  lying  in 
another  town  or  ward,  their  act  would  unquestionably  be  void  for  want  of 
jurisdiction."  (7  Ba)i>.,  129.)  The  same  general  rule  applies  to  trustees  in 
making  an  original  assessment,  or  in  selecting  from  the  town  assessment  roll 
the  lands  to  be  included  in  a  district  tax  list.  To  make  an  assessment  legal  they 
must  have  jurisdiction  of  the  particular  case.  If  they  transcend  the  limits  of 
their  authority,  and  undertake  to  assess  property  exempt  by  statute,  they  cease 
to  be  judges,  and  are  responsible  for  all  the  consequences.  A  public  officer  is 
not  responsible,  in  a  civil  suit,  for  a  judicial  determination  in  a  matter  over 
which  he  had  jurisdiction,  however  erroneous  it  may  be,  but  no  officer  can 
acquire  jurisdiction  by  deciding  that  he  has  it.  (5  Barb.,  Gil  ;  and  see  19  Barb., 
22.)  The  statute  gives  them  jurisdiction,  as  to  the  land  lying  outside  of  the 
territorial  limits  of  their  district,  only  by  directing  them  to  apportion  the  tax 
"  according  to  the  valuation  of  the  taxable  property  which  shall  be  owned  or 
possessed  by  them  (taxable  inhabitants)  at  the  time  of  making  out  such  list 
witliin  such  a  district,  or  partly  within  such  district  and  partly  within  an  adjoining 
district."  The  statute  evidently  contemplates  a  single  parcel  of  land,  in  the 
possession  of  a  single  occupant,  which  is  intersected  by  the  boundary  line  of 


Assessment  axd  Collection  of  Taxes.  177 

two  districts.  If  the  possession  is  severed,  as  if  the  land  is  owned  by  the  same 
person,  but  the  part  within  the  district  is  occupied  by  the  owner  and  that 
which  lies  outside  the  district  by  a  tenant,  or  vice  versa,  or  if  the  respective 
parts  are  occupied  by  different  tenants  of  the  same  owner,  or  if  one  of  them 
only  is  occupied  by  a  tenant  and  the  other  is  vacant  and  unimproved,  then  the 
respective  parcels  are  to  be  taxed,  each  in  the  district  within  whose  boundaries 
it  is  actually  contained.  So,  if  one  of  the  parcels  is  occupied  by  a  person 
as  owner,  and  the  other  is  also  occupied  by  him  as  tenant  of  a  third  person,  the 
parts  must  be  taxed  in  the  districts  containing  them  respectively,  for 
the  trustees  of  the  district  containing  the  portion  under  lease  have  the  right  to 
assess  it  to  the  owner,  disregarding  the  occupant.  The  statute,  moreover, 
requires  something  more  than  the  imaginary  contact  of  the  two  parcels 
in  a  mathematical  point,  as  where  they  have  only  an  angle  in  common.  They 
should  be  so  connected  as  to  have  at  least  a  line  of  contact,  and  not  a  mere 
point.  Where,  however,  two  parcels  in  the  possession  of  the  same  owner  are 
separated  only  by  a  public  highway,  the  fee  of  which  he  owns,  subject  to 
the  right  of  passage  in  the  public,  this  is  not  to  be  regarded  as  preventing 
their  contact. 

There  are  serious  difficulties  growing  out  of  the  fact  that  the  statute,  under 
the  most  restricted  interpretation  that  can  be  put  upon  it,  sometimes  permits  the 
resources  of  a  district  to  be  weakened  by  the  purchase  of  a  part  of  its  territory 
by  the  inhabitants  of  an  adjoining  district.  Thou£-li  the  district  boundaries 
are  not  thereby  altered,  yet,  for  the  eminently  practical  object  of  taxation,  the 
result  is  the  same  as  if  they  were. 

In  respect  to  property  exempt  from  taxation,  it  has  been  decided  that  a 
minister  of  the  gospel,  or  priest,  to  bring  himself  within  the  exemption,  must 
show  that  the  value  of  both  liis  real  and  personal  property  did  not  exceed  $1,500, 
and  it  sceins  that  only  that  sum  is  to  be  deducted  from  the  valuation  of  both,  and 
not  $1,500  from  the  valuation  of  each,  if  each  exceeded  that  amount.  (5  Barb., 
609.)  The  latter  point,  however,  was  not  necessarily  involved  in  the  deci- 
sion. 

The  land  owned  by  a  minister  of  the  gospel,  if  rented,  can  be  taxed  to  the 
tenant.  It  is  exempt  from  taxation  to  a  certain  extent,  only  ivhen  occupied  by  such 
ministe-r.  If,  however,  the  occupant  is  the  agent  merely  of  the  minister,  so  as  to 
render  it  necessary  to  make  out  the  assessment  against  the  latter  as  owner,  the 
property  is  then  exempt. 

Land  occupied  by  a  minister  of  the  gospel,  as  tenant,  may  be  assessed  to  the 
owner,  but  not  to  the  minister.  The  exemption  is  personal  to  the  minister,  and 
does  not  avail  the  owner. 

The  court  of  appeals  held  (3  Kernan,  220)  that  the  school-houses  referred  to 
in  the  statute  exempting  property  from  taxation  are  those  used  for  the  public 
common  schools,  and  that  buildings  erected  and  used  for  jjrivate  unincorporated 
seminaries  of  learning,  or  for  boarding  schools,  are  not  exempt — overruling  a 
dictum  in  1  Seld.,  37G. 

Wherever  reference  is  made  in  the  Revised  Statutes,  and  in  former  Session 
Laws,  and  in  tliis  volume,  to  the  taxation  of  banking  companies  and  tho 
23 


lis  ASSESSMEXT    AND    COLLECTION    OF    TaXES. 

owners  and  holders  of  stock  therein,  the  reference  must  be  held  subject  to 
chapter  701,  J^aws  of  1866,  which  provides  for  the  assessment  and  taxation  of 
the  shares  of  all  banks,  to  the  owners  thereof,  in  the  place,  town  or  ward,  whero 
the  bank,  or  banking  association,  is  situated.  That  portion  of  section  66  relating 
to  banks  and  banking  associations  is  a  transfer  to  the  school  law  of  the  first  sec 
tion  of  said  chapter  761,  modified  so  as  to  make  it  applicable  to  school  districts 

Chapter  761,  of  1866,  was  passed  in  conformity  with  the  decision  of  the 
supreme  court  of  the  United  States  (3  Wallace's  JR.,  573)  that  "  the  act  of 
June  3,  1864,  "to  provide  a  national  currency,"  etc.,  rightly  construed,  subjects 
the  shares  of  the  banking  associations  authorized  by  it,  and  in  the  hands  of 
shareholders,  to  taxation  by  the  States,  under  certain  limitations  (set  forth  in 
its  forty-first  section)  without  regard  to  the  fact  that  a  part  or  the  whole  of  the 
capital  of  such  association  is  invested  in  national  secvirities,  declared,  by  the 
statutes  authorizing  them,  to  be  "  exempt  from  taxation  by  or  under  State 
authority." 

The  town  assessment  rolls  will  contain  an  assessment  of  all  taxable  shares 
of  banks,  banking  associations,  and  individual  bankers,  and  for  such  shares  the 
trustees  will  copy  the  town  roll  in  the  Same  manner  and  to  the  same  extent  as 
for  all  other  taxable  property. 

§  67.  The  valuations  of  taxable  property  shall  be  ascertained,  so 
fur  as  possible,  from  the  last  assessment  roll  of  the  town,  after 
revision  by  the  assessors ;  and  no  person  shall  be  entitled  to  any 
reduction  in  the  valuation  of  such  property,  as  so  ascertained, 
unless  he  shall  give  notice  of  his  claim  to  such  reduction  to  the 
trustees  of  the  district  before  the  tax  list  shall  be  made  out.* 

♦The  trustees  have  heretofore  had  to  assess  the  property  of  railroads  within  the  limits  of 
their  districts  according  to  their  own  judgment  as  to  its  valuation.  The  frequent  disputes 
between  trufstecs  and  railroad  companies,  about  the  relative  proportion  of  valuation  to  bo 
assigned  to  each  district,  have  led  to  the  passage  of  the  following  law.  It  will  be  necessary 
for  trustees,  before  including  a  railroad  in  their  tax  lists,  to  ascertain  from  town  assessors 
if  they  have  made  the  apportionment  required  by  this  law.  If  they  have  not,  then  the  trus- 
tees may  call  upon  the  supervisor  to  do  it,  by  virtue  of  section  three. 

"  Chapter  694.  An  act  in  relation  to  the  valuation  of  the  property  of  railroad  companies 
in  school  districts,  for  the  purpo-ic  of  taxation ;  (lassed  April  2'.),  ISfiT.  tlircc-firtlis  being  pre- 
Fent.  Sec.  1.  It  shall  be  the  duty  of  the  town  assessors,  within  fifteen  days  after  the 
completion  of  their  annual  assessment  list,  to  apportion  the  valuation  of  the  property 
of  each  and  every  railroad  company  as  appears  on  such  assestsmont  list  among  the 
several  school  districts  in  their  town,  in  which  any  portion  of  said  property  is  situated, 
(,'iving  to  e;ich  of  said  districts  their  proper  portion,  according  to  the  proportion  that  the 
value  of  said  property  in  each  of  such  districts  bears  to  the  value  of  the  whole  thereof  in 
said  town.  §  2.  Such  apportionment  shall  be  in  writing,  and  shall  be  signed  by  said  asses- 
sors, or  a  majority  of  them,  and  shall  set  forth  the  nunil)er  of  each  district  and  the  amount 
of  the  valuation  of  the  property  of  each  railroad  company,  apportioned  to  each  of  said  dis- 
tricts: and  such  apportionnuMit  shall  be  filed  with  the  town  clerk,  by  said  assessors  or  one 
oflhem.  within  fivi'  days  after  being  made:  and  the  amount  so  apportioned  to  eacli  district 
yhall  be  tli(!  valuatit)n  (if  the  property  of  each  of  said  companies,  on  which  all  taxes  against 
said  companies  ii;  and  for  said  districts  shall  be  levied  and  assessed,  until  the  next  annual 
ft-<r;'->inent  and  apportionment.  §  ;!.  In  case  the  assessors  shall  neglect  to  make  such 
niiporlionmi'ur.  it  shall  be  the  duty  of  the  supervisor  of  the  town,  on  the  application  of  the 
truvici's  or  board  ol' education  of  any  district,  or  of  any  railroad  company,  to  make  such 
ftjjportionment,  in  the  same  manner  and  with  the  like  effect  as  if  made  by  said  assessors. 


Assessment  and  Cot.lectiox  of  Taxes.  1V9 

The  first  duty  of  trustees  is  to  determine  who  are  tlic  taxable  inhabitants  of 
the  district.  In  doin<T  this  they  may  find  some  persons  not  named  in  the  town 
assessment  roll.  Some  of  them  may  be  taxable,  as  the  possessors  of  property 
which  has  been  valued  in  that  roll,  and  which  belonged  to  other  persons  at  the 
time  it  was  made  out.  In  the  valuation  of  mcli  property,  the  trustees  are  to  bo 
governed  by  the  assessment  roll.  They  are  not  to  reduce  it,  unless  the  new 
owner  shall  give  notice  of  his  claim  to  such  reduction  hffore  the  tax  list  shall 
be  made  out,  and  they  are  not  to  reduce  it  without  gi'ving  the  notice  provided 
by  the  next  section.  To  reduce  the  valuation  of  one  is  precisely  equivalent  to 
raising  that  of  every  other  taxable  inhabitant,  for  it  increases  his  quota  of  the 
tax.  He  cannot  be  subjected  to  such  increa3e  of  taxation,  beyond  what  hia 
share  would  be  according  to  the  last  town  assessment  roll,  without  being  put 
upon  liis  guard  by  the  posting  of  a  notice.  (1  Denio,  314.) 

Other  persons  may  be  found  to  be  taxable  on  account  of  their  posses- 
sion of  property,  real  or  personal,  for  which  no  person  was  assessed  on 
the  town  assessment  roll.  Such  property  may  be  real  estate  casually  over 
looked  by  the  assessors,  or  purposely  omitted  becaiise  it  was  then  exempt  by 
being  occupied  by  a  minister  of  the  gospel,  or  for  any  other  reason  ;  or  it  may 
consist  in  accessions  to  real  estate,  to  put  an  uncommon  case :  land  formed  by 
the  gradual  washing  up  of  sand  on  the  shore  of  the  sea  or  of  our  great  lakes, 
which  belongs  to  the  owner  of  the  adjacent  bank,  or  an  island  formed  in  the 
bed  of  a  river  not  navigable,  which  is  to  be  di\-ided  according  to  the  original 
thread  of  the  river  between  the  proprietors  on  the  opposite  banks,  or  to  him  on 
whose  side  of  the  original  thread  it  lies  (17  Pick ,  41),  or  in  improvements,  such 
as  the  building  of  a  house  or  barn,  not  completed  when  the  town  assessment 
was  made.  Or  the  property  may  be  personal,  arising  from  the  sale  of  real  estate 
within  the  district,  or  the  acquisition  of  personal  estate  by  de\nse  or  otherwise 
to  an  inhabitant  of  the  district,  such  property  not  being  in  the  district,  but  fol- 
lowing the  person  of  its  owner  for  the  purpose  of  taxation.  In  all  these  casea 
an  original  valuation  by  the  trustees  is  to  be  made,  and  a  notice  is  necessary- 
Additions  to  the  last  assessment  roll,  in  consequence  of  buildings  subsequently 
erected,  should  not  be  made  by  the  trustees  vintil  they  are  so  far  completed 
that  their  value  is  not  contingent  and  uncertain.  {Com.  School  Dec,  194) 

Trastcas  eanuot  assess  au  mdividnal  for  personal  property,  if  he  has  been 
taxed  for  none  on  the  last  assessment  roll  of  the  town,  on  the  mere  supposili4i*. 
that  he  may  have  more  than  his  debts  amount  to.  The  assessment  roll  of  the 
town  settles  the  matter,  and  the  trustees  cannot  vary  tlie  amount  but  from 
some  knoviledije  of  an  alteration  after  that  roll  was  made  out,  or  to  correct  somo 
known  and  acknowledged  error. 

But  if  the  trustees  have  actual  knowledge  that  any  person  residing  in  the 
district  has  personal  property  liable  to  taxation,  not  assessed  upon  the  town 

§  4.  The  town  clerk  shall,  whenever  requested,  furnish  to  the  tmstces  or  board  of  education 
of  enih  district,  a  certilied  statement  of  the  amounts  apportioned  to  such  district,  and  the 
name  of  the  company  to  which  the  same  relates.  $  r>.  In  case  any  alteration  shall  be  made 
in  any  school  district,  affecting:  the  property  of  any  railroad  company,  the  ollker  mnkiii" 
?uch  alteration  shall,  at  the  same  time,  determine  what  chaupo  in  the  valuation  of  the  said 
property  in  such  district  would  be  just,  on  account  of  the  alteration  of  district,  uud  tho 
vaiuation  shall  bo  accordingly  changed." 


180  Assessment  and  Collection  of  Taxes. 

roll,  tlieir  duty  is  to  include  it  in  the  tax  list,  giving  notice  to  the  person 
BO  assessed,  so  that  he  may  obtain  a  reduction  if  the  assessment  be  too 
ftiuch. 

The  principle  on  which  our  laws  rest  in  the  taxation  of  personal  property  is 
that  a  man  must  be  taxed  only  for  what  he  is  actually  .worth.  Hence,  he 
is  permitted  lie  set  off  his  debts  against  his  personal  property  in  possession, 
and  is  taxable  for  the  excess. 

If  a  man  be  the  owner  of  $15,000  in  bonds  and  mortgages,  and  $15,000  in 
United  States  bonds,  and  at  the  same  time  is  indebted  in  the  sum  of  $15,000,  he 
cannot  be  alloweckto  set  off  his  indebtedness  against  his  bonds  and  mortgages, 
and  so  claim  that  he  has  no  taxable  personal  property.  The  only  legal  mode 
of  ascertaining  his  liability  is  to  deduct  his  whole  indebtedness  from  the  total 
of  his  personal  propei-ty — his  $15,000  from  $30,000 — lea^•ing  him  liable  to 
assessment  for  $15,000. 

The  vendor  of  a  farm  remaining  in  possession  is  liable  for  taxes  assessed  on  it. 
.  If  a  taxable  inhabitant  sells  his  farm  and  remains  in  the  district,  he  is  liable 
to  be  taxed  on  the  amount  of  the  purchase-money  paid,  or  secured  to  be  paid, 
as  personal  property  (unless  lie  shows  4hat,  notwithstanding  the  increase  of  his 
personal  property,  its  value  is  still  exceeded  by  his  delits),  and  the  purchaser  is 
taxable  for  the  farm  according  to  its  assessed  value  on  the  last  assessment  roll 
of  the  town. 

Where  land,  owned  by  the  same  person,  is  situated  in  different  districts  in 
the  same  town,  but  all  included  under  one  assessment  by  the  town  assessors,  if 
all  the  land  is  of  the  same  description,  and  was  actually  valued  at  the  same  rate 
per  acre,  without  any  variation  on  account  of  improvements  or  otherwise,  or  if 
it  appears  on  the  roll  at  what  rates  the  separate  x'arts  were  valued,  then  the 
valuation  of  the  portion  situate  in  any  particular  district  may  be  ascertained 
by  the  trustees  from  such  last  assessment  roll.  But  if  the  valuation  by  the 
town  assessor  was  general,  and  if  the  land  was  of  different  degrees  of  quality 
or  value,  or  if  a  dwelling-house  or  other  improvements  are  situated  in  one  dis- 
trict and  none  in  another,  a  new  and  original  assessment  must  in  such  case  be 
made,  by  the  trustees  giving  the  notices,  etc.,  and  proceeding  in  the  mode 
required  by  law. 

Where  a  person,  assessed  for  a  greater  number  of  acres  than  his  farm  con- 
tains, omits  to  claim  a  reduction  when  the  tax  is  assessed  by  the  trustees,  he 
will  not  be  relieved  subsequently  on  appeal.  {Com.  School  Dec,  341.) 


§  68.  Wliero  such  reduction  shall  Le  duly  claimed,  and  Avlicrc 
tlic  yaluation  of  taxable  property  cannot  be  ascertained  iVoni  the 
last  assessment  roll  of  the  town,  the  trustees  shall  ascertain  the  true 
value  of  the  property  to  be  taxed  front  the  best  evidence  in  their 
power,  1,'iving  notice  to  the  persons  interested,  and  proceedincc  in 
the  same  manner  as  the  town  Assessors  are  required  by  law  to  pro- 
ceed in  the  valuation  of  taxable  property. 


Assessment  axd  Collection  op  Taxes.  181 

The  trustees,  proceeding  in  the  same  manner  as  town  assessors,  should  first 
ascertain  the  true  value  of  the  property  to  be  taxed,  accordinof  to  their  judg- 
ment. The  rule  prescribed  by  the  Revised  Statutes,  as  amended  by  section  3, 
chapter  176  of  1851,  is : 

"  All  real  and  personal  estate  liable  to  taxation  shall  be  estimated  and 
assessed  by  the  assessors  at  its  full  and  true  value,  as  they  would  appraise  the 
same  in  pajnnent  of  a  just  debt  due  from  a  solvent  debtor."  {Session  Laws  of  1851, 
p.  333.)     • 

After  ha%-ing  completed  a  tax  list,  by  taking  the  valuations  from  the  town 
assessment  roll,  where  it  furnishes  them,  and  having  added  thereto  such 
original  assessments  as  in  their  judgment  are  required,  the  statute  directs  that 
the  asse.ssors  (and  consequently,  by  the  above  sections,  the  trustees)  "shall 
make  out  one  fair  copy  thereof,  to  be  left  vrith.  one  of  their  number.  They 
shall  also  forthwith  cause  notices  thereof  to  be  put  up  at  three  or  more  public 
places  in  the  district."  "When  the  trustees  copy  the  town  assessment  roll,  and 
make  no  alteration  in  it,  the  public  notice  required  of  town  assessors  need  not 
be  given  by  them. 

"  Such  notices  shall  set  forth  that  the  assessors  have  completed  their  assess- 
ment roll,  and  that  a  copy  thereof  is  left  \\ith  one  of  their  number,  at  a  place 
to  be  specified  therein,  where  the  same  maj'  be  seen  and  examined  by  any  per- 
son interested,  until  the  third  Tuesday  of  August ;  and  that  on  that  day  the 
assessors  will  meet,  at  a  time  and  place  also  to  be  specified  in  such  notice,  to 
review  their  assessments.  On  the  application  of  any  ])erson  conceiving  himself 
aggrieved,  it  shall  be  the  duty  of  the  said  assessors  on  such  day  to  meet,  at  the 
time  and  place  specified,  and  hear  and  examine  all  complaints  in  relation  to 
such  assessments  that  may  be  brought  before  them  ;  and  they  are  hereby 
empowered  and  it  shall  be  their  duty  to  adjourn  from  time  to  time,  as  may  be 
necessary,  to  hear  and  detennine  such  complaints."  {Session  Laws  of  1851,  p. 
333.) 

The  notice  to  be  given  by  trustees  necessarily  varies  somewhat  from  that  of 
assessors,  and  may  be  in  the  following  form : 

Notice  is  hereby  given,  that  the  trustees  of  school  district  No.  ,  in  the 

to-\vn  of  ,  have  completed  their  tax  list  to  raise  the  sum  of  §10  for  repairs 

of  school-house,  $8  to  furnish  the  same  with  the  necessary  fuel  (enumerating 
the  several  taxes  included  in  the  list),  and  that  a  copy  thereof  is  left  with  tlift 
undersigned,  A.  B.,  at  his  office  (mill,  dwelling-house,  or  as  the  cafee  may  be), 
where  the  same  may  be  seen  and  examined  by  any  person  interested,  during 
twenty  days  from  the  date  of  this  notice ;  and  that  said  trustees  will  meet  at 
the  house  of  ,  in  said  district,  on  the  day  of  next, 

(specifying  a  day  subsequent  at  least  twenty-one  days  tb  the  posting)  at 
o'clock,  in  the  noon,  to  review  the  said  tax  list,  on  the  application  of 

any  person  conceiving  himself  aggrieved. 
Dated  this  day  of  ,  18    . 

— •■  A.  B.,j 

C.  D.,  -  T)-usiees  of  District  Xo. 

E.  F.,) 


182  Assessment  and  Collection  of  Taxes. 

1> 
"  §  5.  Iftlie  assessors  shall  willfully  neglect  to  hold  the  meeting  specified  in 
tlie  last  preceding  section,  each  assessor  so  neglecting  shall  be  liable  to  a  pen- 
alty of  twenty  dollars,  to  be  sued  for  and  recovered  before  any  court  having 
jurisdiction  thereof  by  the  supervisor  of  the  town,  for  the  use  of  the  poor  of  the 
Banie  town  ;  and  in  case  of  such  neglect  to  meet  for  review,  any  person 
aggrieved  by  the  assessment  of  the  assessors  may  appeal  to  the  board  of  super- 
visors at  their  next  annual  meeting,  who  shall  have  power  to  review  and  correct 
such  assessment."  (Setmion  Laws  of  1851,  p.  ooo.) 

Query,  whether  the  provision  for  an  appeal  to  the  board  of  supervisors  is 
applicable  to  a  school  district  tax.  Even  if  it  is  there  is  no  provision  for  sus- 
pending the  proceeding,  for  collection  upon  such  an  appeal. 

The  trustee  with  whom  the  tax  list  is  left  is  required  by  law  to  "  submit  the 
Bame,  during  the  twenty  days  specified  in  such  notice,  to  the  inspection  of  all 
persons  who  shall  apply  for  that  purpose." 

The  provisions  of  the  Kevised  Statutes,  in  regard  to  the  proceedings  to  be 
had  where  application  is  made  for  a  reduction  of  the  valuation,  have  been 
materially  varied  by  the  following  sections  of  chapter  176  of  1851 : 

"  §  6.  Wlienever  any  person,  on  his  own  behalf  or  on  behalf  of  those  whom 
lie  may  represent,  shall  apply  to  the  assessors  of  any  town  or  ward  to  reduce 
the  value  of  his  real  and  personal  estate,  as  set  down  in  their  assessment  roll, 
it  shall  be  the  duty  of  such  assessors  to  examine  such  person  under  oath  touch- 
ing the  value  of  his  or  their  said  real  or  personal  estate,  and  after  such  exami- 
nation they  shall  fix  the  value  thereof  at  such  amount  as  they  may  deem  just ; 
but  if  such  person  shall  refuse  to  answer  any  question  to  the  value  of  his  real 
or  personal  estate,  or  the  amount  thereof,  tlie  said  assessors  shall  not  reduce 
the  value  of  such  real  or  personal  estate.  The  examination  so  taken  shall  bo 
"written,  and  shall  be  subscribed  by  the  person  examined,  and  shall  be  filed  in 
the  office  of  the  town  clerk  of  the  town  or  city  in  which  such  assessment  shall 
be  made  ;  and  any  person  who  shall  willfully  swear  falsely,  on  such  examination 
before  the  assessors,  shall  be  deemed  guilty  of  willful  and  corrupt  perjury. 

"  §  7.  The  assessors  of  the  several  towns  and  wards  of  this  State  shall  have 
power  to  administer  oaths  to  any  person  applying  to  them,  under  the  pro- 
visions of  the  sixth  section  of  this  act." 

Formerly,  upon  the  making  of  an  affidavit,  by  a  person  asking  a  reduction, 
that  the  value  of  his  personal  estate  did  not  exceed  a  given  sum,  the  assessors 
and  trustees  were  bound  to  reduce  his  assessment  to  the  amount  fixed  by  him. 
Under  the  preceding  sections  they  are  required,  instead  of  taking  a  mere  affi- 
davit, to  examine  him  orally,  imder  oath  to  make  true  answers  to  such  ques- 
tions as  shall  be  put  to  him  touching  the  value  of  his  real  or  personal  estate. 
They  arc  at  liberty  to  put  any  question,  the  answer  to  which  may  assist  tliem 
in  arriving  at  a  correct  conclusion  on  the  subject,  and  are  not  at  liberty  to 
reduce  his  valuation,  if  he  refuses  to  answer.  An  afiidavit  without  the  exami- 
nation, or  without  the  examination  being  reduced  to  writing,  is  of  no  avail  as 
evidence  to  reduce  the  valuation.  (12  lloiv.  Prac.  R.,  237.)  After  the  examina- 
tion, the  asaes^iors  are  to  fix  the  valuation,  and  are  not  limited  to  that  fixed  by 
the  person  examined. 

The  provision  of  section  6,  chapter  176  of  1851,  above  cited,  relates  as  well 
to  those  persons  who  apply  for  a  reduction  of  assessments  against  them  in  a 


ASSESSMEXT    AND    COLLECTION    OF   TaXES.  183 

representative  character,  as  executors,  etc.,  as  to  those  who  ask  it  in  their  o^jm 
behalf.  They  are  entitled  to  a  deduction  for  debts  due  from  t'hem  in  their  repro- 
Bentative  character,  and  are  to  be  examined  as  to  the  valuation  of  the  property 
under  their  control,  as  such  representatives,  in  the  same  manner  as  if  it 
belonged  to  them  in  their  private  cajiacity. 

§  69.  Where  a  district  embraces  parts  of  more  than  one  town, 
the  supervisors  of  the  towns  so  in  part  embraced,  upon  application 
of  the  trustees  of  such  district,  or  of  those  persons  liable  to  pay 
taxes  upon  real  property  therein,  shall  proceed  to  inquire  and 
determine  whether  the  valuation  of  real  property  upon  the  several 
assessment  rolls  of  said  towns  are  substantially  just,  as  compared 
■with  ench  other,  so  far  as  said  district  is  concerned,  and,  if  deter- 
mined n6t  to  be  so,  they  shall  determine  the  relative  proportion  of 
taxes  that  ought  to  be  assessed  upon  the  real  property  of  the  parts 
of  such  district  lying  in  different  towns,  and  the  trustees  of  such 
district  shall  thereupon  assess  the  proportions  of  any  tax  there- 
after to  be  raised,  according  to  the  determination  of  said  super- 
visors, until  new  assessment  rolls  of  the  town  shall  be  perfected 
and  tiled,  upon  like  application,  using  the  assessment  rolls  of  the 
several  towns  to  distribute  the  said  proportion  among  the  persons 
liable  to  be  assessed  for  the  same.  In  cases  where  two  supervisors 
shall  be  unable  to  agree,  they  shall  summon  a  supervisor  from 
some  adjoining  town,  who  shall  unite  in  such  inquiry  and 
determination. 


The  supervisors  of  the  towns,  parts  of  which  are  included  in  any  district 
composed  of  parts  of  two  or  more  towns,  may  act  under  this  section,  upon  the 
written  application  of  its  trustees  or  taxable  inhabitants.  The  power  would 
be  practically  nugatory,  if  its  exercise  depended  upon  the  application  of  a 
majority  of  the  inhabitants.  In  determining  the  proportion  of  taxes  to  be  levied 
upon  the  respective  parts  of  such  district,  the  simplest  form  will  be  to  state 
how  many  cents  in  the  dollar,  of  each  tax,  sliall  be  levied  upon  the  real  pro]j- 
crty  of  one  part,  and  how  many  upon  the  other.  A  record  of  this  determination 
should  be  made  in  duplicate  or  triplicate,  according  to  the  number  of  towns  ; 
each  should  be  signed  by  the  supervisors,  and  one  copy  filed  in  the  clerk's  office 
of  each  town.  It  may  be  in  the  followng  form,  and  should  have  annexed  to  it 
the  original  application  upon  which  it  was  made,  evidence  of  which  is  necessary 
to  uphold  the  order.  (21  Barb.,  210.) 


184  AssESs:xiEXT  and  Collection  of  Taxes. 

In   the  matter  of  the   equalization  of  assessiaeuts  for  school  purposes,   in 
District  Xo.        ,  of  the  towns  of  ,  in  county,  and 

in  county. 

Application  haWng  been  made  to  the  supervisors  of  the  towns  of 
and  ,  by  persons  liable  to  pay  taxes  in  school  district  Xo.  of  said 

towns  (or  by  the  trustees),  to  incpiire  wliether  the  valuations  of  real  property 
upon  the  several  assessment  rolls  of  said  towns  are  substantially  just,  as  com- 
1  ared  with  each  other,  so  far  as  such  district  is  concerned,  and  the  said 
supervisors  being  unable  to  agree,  having  summoned  J.  D.,  Esq.,  supervisor  of 
the  adjoining  town  of  ,  to  unite  in  such  inquiry,  and  a  meeting  of  said 

supervisors  having  been  held  for  that  purj)ose,  at  which  were  present  A.  B.  and 
C.  D.  (and  E.  F.,  having  been  duly  notified,  failed  to  attend),  and  it  having  been 
determined  that  such  valuations  are  not  substantially  just,  as  compared  vnth. 
caclx  other,  it  was  then  and  is  hereby  determined  that  the  relative  proportion 
of  taxes  that  ought  to  be  assessed  upon  the  real  property  of  parts  of  such 
c'istricts  lying  in  different  towns  is  as  follows,  viz. :  Thirty-one  cents  in  each 
dollar  to  be  assessed  upon  the  real  property  of  said  district  should  be  assessed 
upon  the  part  lying  in  the  town  of  ,  and  sixty-nine  cents  in  the 

dollar  upon  the  part  lying  in  the  town  of 
Dated  this  day  of  ,  18     . 

A.  B.,  Supervisor  of 
C.  D.,  Supervisor  of 

This  determination  does  not  aifect  the  assessment  of  personal  property.  The 
trustees  must,  therefore,  proceed  as  follows :  Taking  the  aggregate  of  the 
valuations  of  real  and  personal  estate  in  the  district,  as  ascertained  from 
the  to%vn  assessment  rolls  (after  making  any  additions  of  personal  property 
found  proper  by  the  trustees),  they  are  to  detennine  how  much  of  the  tax  is  to 
lie  assessed  upon  the  personal  and  how  much  ujion  the  real  estate.  It  may 
thus,  for  example,  be  found  that  of  a  tax  of  $400,  !$73  will  be  chargeable  on 
the  personal  estate.  The  residue,  $327,  is  then  to  be  assessed,  thirty-one  per 
ci'Tit  of  it,  or  $101.37,  on  tlie  real  property  in  one  town,  and  sixty-nine  per  cent, 
or  $02."). (33,  on  that  in  the  other,  using  the  assessment  roll  of  each  town  to 
determine  the  proportion  which  each  jierson  resident  therein  is  to  be  assessed 
for  ri-al  or  personal  property. 

§  70.  Any  pcr.'^on  workini;-  laml  iimler  a  contract  for  a  sliare  of 
tlic  ])ro(liice  of  such  land,  sliall  l>c  dccnicd  tlie  possessor,  so  far  as 
to  render  h'un  liable  to  taxation  therefor  in  the  district  where  snch 
land  is  situate. 


The  moaning  of  this  section  is  believed  to  bo,  that  a  tenant,  working  land  and 
liaving  a  sliare  of  tlie  ])roduce  as  rent,  is  taxable,  and  not  that  a  servant  or 
agent  is  taxable  who  agrees  to  take  a  share  of  the  produce  as  liis  waija  for 


Assessment  and  Collection  of  Taxes.  185 

worliing  the  land.  It  may  sometimes  be  a  little  difficult  to  ascertain  whether 
the  relation  is  that  of  landlord  and  tenant,  or  that  of  master  and  servant.  (15 
Barb.,  597.)  It  being  the  policy  of  the  law  (as  will  be  apparent  from  section 
72  of  this  title)  that  a  landlord  leasing  for  a  short  term  should  pay  the  school 
taxes  for  permanent  objects,  unless  there  is  an  express  agreement  to  the  con- 
trary, it  will  be  safest  in  cases  of  doubt  to  avoid  the  question  by  assessing  the 
owner, 

§  71.  Every  person  owning  or  holding  any  real  property  Avithin 
any  school  district,  who  shall  improve  and  occupy  the  same  by  his 
agent  or  servant,  shall,  in  respect  to  the  liability  of  such  property 
to  taxation,  be  considered  a  taxable  inhabitant  of  such  district,  in 
the  same  manner  as  if  he  actually  resided  therein. 

It  is  not  necessary  that  the  agent  or  servant  should  reside  on  the  land  in 
order  to  render  the  owner  a  taxable  inhabitant.  The  section  was  intended  to 
prevent  the  necessity  of  resorting  to  a  sale  of  the  land,  and  to  authorize  the 
collector  to  levy,  under  his  warrant,  upon  the  personal  property  of  an  owner  of 
land  not  residing  in  the  district,  but  managing  the  laud  himself,  or  by  agents 
or  workmen,  instead  of  renting  it.  If  the  land  be  occupied  by  tenants  or  sub- 
tenants, they  and  not  the  non-resident  owner  are  to  be  taxed  for  the  parts  occu- 
pied by  them  respectively.  They  are  for  the  time  being  o^vne^s  (8  Wend.,  518), 
and,  although  they,  too,  should  not  reside  on  the  land,  are  made  taxable  inhabit- 
ants, if  they  improve  it.  It  is  very  plain  that  where  land  which  comes  within 
the  description  of  the  preceding  section  is  situated  partly  in  one  district,  and 
partly  in  an  adjoining  one,  the  owner,  although  a  resident  of  neither,  is  a  tuxa- 
hle  inhahitant  of  loth,  in  respect  to  the  liability  of  the  several  parcels  to  taxation 
in  the  district  in  which  each  is  actually  contained.  Each  district  must  tax 
such  owner  only  for  the  part  actually  within  its  boundaries.  It  is  difficult  to 
see  wliy  it  should  be  otherwise,  if  he  happens  to  be  a  resident  of  either  dis- 
trict, inasmuch  as  section  66  of  this  title  makes  his  liability  to  taxation  depend, 
not  upon  residence,  but  upon  his  being  a  "taxable  inhabitant "  within  the 
definition  of  tho  statute. 

§  72.  "Where  any  district  tax,  for  the  purpose  of  purchasing  a 
site  for  a  scliool-house,  or  for  purchasing  or  building,  keeping  in 
repair,  or  furnishing  such  school-house  with  necessary  fuel  and 
appendages,  shall  be  lawfully  assessed,  and  paid  by  any  person  on 
account  of  any  real  property  whereof  he  is  only  tenant  at  will,  oi 
for  three  years,  or  for  a  less  period  of  time,  such  tenant  may 
charirc  the  owner  of  such  real  estate  with  the  amount  of  the  tax 
so  paid  by  him,  unless  some  agreement  to  the  contrary  shall  lure 
been  made  by  such  tenant. 


•186  AsSESSIIEIsT    AND    COLLECTIOX    OF    TaXES. 

The  tenant  can  charge  his  landlord  only  with  such  taxes  as  he  may  have 
paid  for  the  specific  purposes  mentioned.  If  taxed  for  teachers'  wages,  for  the 
hire  of  temporary  school-house  or  rooms,  for  the  purchase  of  maps,  globes, 
school  apparatus,  books  for  library,  for  district  minutes,  and  for  teacher's  regis- 
ter  of  attendance,  or  any  other  object  than  those  enumerated  in  the  preced- 
iug  section,  he  cannot  set  it  off  against  his  rent  or  make  the  landloi-d  repay 
him. 

§  V3,  Every  taxable  inhabitant  of  a  district  who  shall  have 
been,  within  four  years,  set  off  from  any  other  district  without  his 
coiiseiit,  and  shall,  within  that  period,  have  actually  paid  in  such 
other  district,  under  a  lawful  assessment  therein,  a  district  tax  for 
building-  a  school-house,  shall  be  exempted  by  the  trustees  of  the 
district  where  he  shall  reside  from  the  payment  of  any  tax  for 
building  a  school-house  therein. 

This  exemption  relates  only  to  a  tax  for  building  a  school-house,  and  does 
not  extend  to  one  for  repairs,  fuel  or  any  other  current  expense.  A  voluntary 
coutribxition  for  building  a  house  in  another  district  is  not  groimd  for  an 
exemption,  nor  is  the  fact  that  a  person  has  been  taxed,  if  he  has  not  actually^ 
paid  the  tax  by  the  sale  of  his  property  or  otherwise ;  nor  is  he  exempt  if  he 
has  been  set  off  upon  his  own  petition  or  consent. 

§  74.  When  any  real  estate  within  a  district,  so  liable  to  taxa- 
tion, shall  not  be  occupied  and  improved  by  the  owner,  his  servant 
or  agent,  and  shall  not  be  possessed  by  any  tenant,  the  trustees  of 
any  district,  at  the  time  of  making  out  any  tax  list  by  which  any 
tax  shall  be  imposed  thereon,  shall  make  and  insert  in  such  tax  list 
a  statement  and  description  of  every  such  lot,  jjiece  or  parcel  of 
land  so  owned  by  non-residents  therein,  in  the  same  manner  as 
required  by  law  from  town  assessors  in  making  out  the  assessment 
roll  of  their  towns;  and  if  any  such  lot  is  known  to  belong  to  an 
incorporated  company  liable  to  ta.vation  in  such  district,  the  name 
of  such  company  shall  be  specified,  and  the  value  of  such  lot  or 
piece  of  land  shall  be  set  down  opposite  to  such  description,  which 
value  shall  be  the  same  that  was  afli.\ed  to  such  lot  or  piece  of 
land  in  the  last  assessment  roll  of  the  town ;  and  if  the  same  was 
Bot  separately  valued  in  such  roll,  then  it  shall  be  valued  in 
propoi-tion  to  the  valuation  which  was  adixcd  in  the  said  assess- 
ment roll  to  the  whole  tract  of  which  such  lot  or  piece  shall  be 
part. 


Assessment  and  Collection  op  Taxes.  187 

The  directions  of  the  statute  for  the  description  of  non-resident  lands  have 
been  given  at  page  175.  The  preceding  section  retjuires,  in  addition,  that  the 
name  of  each  incorporated  company  known  to  be  tlie  owner  of  uncccupicd  land 
shall  be  specified.  The  non-resident  lands  are  to  be  described  in  a  part  of  the 
tax  list  separate  from  the  other  assessments,  and  tlie  greatest  care  is  requisite  to 
secure  a  minute  compliance  with  the  demands  of  the  law.  The  description 
must  be  such  that  the  State  Comptroller  can  perceive  that  it  will  enable  a  pur- 
chaser at  the  tax  sale  to  locate  the  land  with  certainty,  and  also  enable  the 
non-resident  owner  to  know,  from  such  description  alone,  tliat  it  is  Ins  land 
which  has  been  sold,  so  that  he  may  redeem  it. 

It  is  only  real  estate  luilhin  the  district  that  is  to  be  described  as  non-resident 
property  ;  and  if  it  be  part  of  a  tract  extending  into  other  districts,  the  descrip- 
tion in  the  town  assessment  roll  may  not  show  how  much  is  in  one  district  and 
how  much  in  another.  The  trustees  must  supply  this  defect,  in  making  out 
their  tax  list,  by  giving  an  accurate  description  of  the  boundary  line  of  their 
district  which  intersects  any  unoccupied  lot  or  subdivision  of  a  tract.  The 
description  of  each  parcel  separately  taxed  must  be  such  that  if  that  descrip- 
tion, copied  literally  from  the  tax  list,  were  inserted  in  a  deed  by  the  Comptrol- 
ler, without  adding  any  other  words,  it  would  sutiice  to  identify  the  lot  and 
determine  its  boundaries. 

§  75.  If  any  tax  on  tlie  real  estate  of  a  non-resident,  mentioned 
in  the  tax  list  delivered  to  the  collector,  or  the  taxes  upon  rents 
reserved  in  any  leases  in  fee,  or  for  one  or  more  lives,  or  for  a 
term  of  years  exceeding  twenty-one  years,  or  the  taxes  ui)on  non- 
resident stockholders  in  banking  associations  organized  under  the 
laws  of  Congress,  shall  be  unpaid  at  the  time  he  is  required  by  law 
to  return  his  Avari'ant,  he  shall  deliver  to  the  trustees  of  such  dis- 
trict an  account  of  the  taxes  so  remaining  due,  containing  a  descrip- 
tion of  the  lots  and  jjieces  of  land  upon  which  such  taxes  were 
imposed,  as  the  same  were  stated  in  his  tax  list,  together  with  the 
amount  of  the  tax  assessed  on  each,  and.  upon  making  oath  before 
any  justice  of  the  peace,  or  judge  of  any  court  of  record,  that  the 
taxes  mentioned  in  any  such  account  remain  unj)aid,  and  that  after 
diligent  efforts  he  has  been  unable  to  collect  the  same,  he  shall  be' 
credited  by  said  trustees  with  the  amount  thereof 

The  description  in  the  collector's  return  must  be  the  same  as  that  in  the  tax 
list.     The  account  should  be  in  substantially  the  following  form  : 


188 


Assessment  and  Collection  of  Taxes. 


Account  of  unpaid  taxes  assessed  upon  tlie  lands  of  non-residents  in  School 
District  No.  ,  in  the  town  of  ,  county  of  ,  in  a 

tax  list  made  out  by  the  trustees  of  said  district,  for  and  delivered 

to  the  collector  on  the        day  of  ,  18        . 


NAJIES    OP     TAXABLE    INHABITANTS    AND    COEPOKA- 
TIONS. 


James  Thomas, • 

James  Thomas,  executor  of  estate  of  John  Thomas 

deceased,  

Clark  Cotton  Manufacturing  Company, 

John  Davison, 


80  acres. 


5  acres 
}i  acres 


$400 


1,250 
0-^5 


$1,02.5 
25,000 


$6  81 

17  45 

4411  i)l 
10  04 


Assessment  and  Collection  of  Taxes.  189 

County,  ) 
Town  of  ,) 

John  Doe,  being  duly  sworn,  deposes  and  says,  that  lie  is  collector  of  taxes 
in  and  for  school  district  No.         ,  of  the  ton-n  of  ,  aforesaid  ;  that 

the  forejToing  is  a  true  account  of  the  taxes  remaining  due  upon  the  real  estate 
of  non-residents  in  said  district ;  that  the  taxes  mentioned  in  such  account 
remain  unpaid,  and  that  after  diligent  eflforts  he  has  been  unable  to  collect  the 
Bame. 

JOHN  DOE. 
Sworn  and  subscribed  before  me, ) 
this        day  of  ,  18      .  f 

E.  F.,  Justice  of  the  Peace, 

§  76.  Upon  receiving  any  such  account  from  the  collector,  the 
trustees  shall  compare  it  with  the  original  tax  list,  and,  if  they  find 
it  to  he  a  true  transcript,  they  shall  and  to  such  account  their  cer- 
tificate, to  the  etlect  that  they  have  compared  it  Avith  the  original 
tax  list  and  found  it  to  be  correct,  and  shall  immediately  transmit 
the  account,  affidavit,  and  certificate,  to  the  treasurer  of  the  county. 

The  certificate  of  the  trustees  should  be  attached  to  the  affidavit  of  the  col 
lector,  upon  the  original  account.     It  may  be  as  follows : 

"  The  undersigned,  trustees  of  school  district  No.    .       ,  in  the  town  of  , 

county  of  ,  hereby  certify  that  the  preceding  is  an  account  of  unpaid  taxes 

assessed  on  the  real  estate  of  non-residents  in  said  district,  delivered  to  the 
trustees  thereof  by  John  Doe,  collector  of  taxes  therein,- and  that  we  have 
examined  and  compared  the  same  with  the  original  tax  list  for 

and  found  it  to  be  correct.     Dated  this  day  of  ,  18     ." 

This  should  be  signed  by  a  majority,  at  least,  of  the  trustees.  The  purpose 
for  which  the  tax  list  was  made  out  ought  to  be  stated,  so  that  it  may  appear 
to  have  been  for  objects  for  which  taxes  may  be  legally  imposed  by  a  district 
meeting  or  by  the  trustees. 

§  77.  Out  of  an}'  moneys  in  the  county  treasury,  raised  for  con- 
tingent expenses,  the  treasurer  shall  pay  to  the  trustees  the 
amount  of  the  taxes  so  returned  as  unpaid. 

It  is  imperative  upon  the  county  treasurer  to  pay  at  once  the  amount  of  taxes 
of  non-residents  returned  xrnpaid,  if  there  be  any  money  raised  for  contingent 
expenses  in  the  treasury  and  the  certificate  of  the  trustees  is  regular  upon  its 
face.  It  there  be  no  such  money  in  the  county  treasury,  it  is  still  his  duty  to 
lay  the  account  before  tlie  board  of  supervisors,  as  prescribed  in  the  next  sec- 
tion, that  they  may  raise  it.  The  remedy  of  the  trustees,  in  case  of  a  refusal 
of  the  county  treasurer  to  pay,  is  by  application  to  the  supreme  court  for  a  writ 
of  mandamus. 


190  Assessment  and  Collection  of  Taxes. 

§  78.  Such  account,  affidavit  and  certificate  sliall  be  laid  by  the 
county  treasurer  before  the  board  of  supervisors  of  the  county, 
who  shall  cause  the  amount  of  such  unpaid  taxes,  with  seven  per 
cent  of  the  amount  in  addition  thereto,  to  be  levied  upon  the  lands 
of  non-residents  on  which  the  same  Avere  imposed  ;  and  if  imposed 
upon  the  lands  of  any  incorporated  company,  then  upon  such  com- 
pany ;  and  if  imposed  upon  rents  reserved,  in  any  leases  in  fee,  or 
for  one  or  more  lives,  or  for  a  terra  of  years  exceeding  twenty-one 
years,  then  upon  such  reserved  rents,  in  the  same  manner  that  the 
contingent  charges  of  the  county  are  directed  to  be  levied  and 
collected  ;  and  when  collected  the  same  shall  be  returned  to  the 
county  treasurer  .to  reimburse  the  amount  so  advanced,  with 
the  expense  of  collection  ;  and  if  imposed  upon  the  stock  of  a  non- 
resident stockholder  in  a  banking  association  organized  under  the 
laws  of  Congress,  then  the  same,  with  seven  per  cent  of  the  amount 
in  addition  thereto,  shall  be  a  lieu  upon  any  dividends  thereafter 
declared  upon  such  stock,  and  upon  notice  by  the  board  of  super- 
visors to  the  president  and  directors  of  such  bank  of  such  charge 
upon  such  stock,  the  president  and  directors  shall  thereafter  with- 
hold the  amount  so  stated  from  any  future  dividends  upon  such 
stock,  and  shall  pay  the  same  to  the  collector  of  the  town  duly 
authorized  to  receive  the  same. 

Tliis  section  seems  to  contemplate  that  the  supervisors  shall  impose  any  tax 
returned,  with  the  addition  of  seven  per  cent,  upon  the  very  same  lauds,  rents 
reserved,  and  leases  on  which  they  were  charged  by  the  trustees,  and  therefore 
not  to  contemplate  any  correction  of  the  description  by  them.  This  is  a  reason 
for  great  care  on  the  part  of  the  trustees  in  preparing  the  original  description 
in  the  tax  list. 

§  VO.  Any  person  whose  lands  are  included  in  any  such  account 
may  pay  the  tax  assessed  thereon  to  the  county  treasurer,  at  any 
time  before  the  board  of  supervisors  shall  have  directed  the  same 
to  be  levied. 

§  80.  The  same  proceedings  in  all  respects  shall  be  had  for  the 
collection  of  the  amount  so  directed  to  be  raised  by  the  board  of 
supervisors  as  are  provided  by  law  in  relation  to  county  taxes; 
and,  upon  a  similar  account,  as  in  the  case  of  county  taxes  of  the 
arrears  thereof  uncollected,  being  transmitted  by  the  county 
treasurer  to  the  Comptroller,  the  same  shall  be  paid  on  his  war- 
rant to  the  treasurer  of  the  county  advancing  the  same ;  and  the 


Assessment  and  Collection  of  Taxes.  191 

amount  so  assumed  by  the  State  shall  be  collected  for  its  benefit, 
in  the  manner  prescribed  by  law  in  respect  to  the  arrears  of  county 
taxes  upon  land  of  non-residents  ;  or  if  any  part  of  the  amount  so 
assumed  consisted  of  a  tax  upon  any  incorporated  company,  the 
same  proceedings  may  also  be  had  for  the  collection  thereof  as 
provided  by  law  in  respect  to  the  county  taxes  assessed  upon  such 
company. 

§  81.  The  warrant  for  the  collection  of  a  district  tax  shall  be 
under  the  hands  of  the  trustees,  or  a  majority  of  them,  with  or 
without  their  seals;  and  it  shall  have  the  like  force  and  effect  as  a 
warrant  issued  by  a  board  of  supervisors  to  a  collector  of  taxes  in 
the  town ;  and  the  collector  to  whom  it  may  be  delivered  for  col- 
lection shall  be  thereby  authorized  and.  required  to  collect,  from 
every  person  in  such  tax  list  named,  the  sum  set  opposite  to  his 
name,  or  the  amount  due  from  any  person  or  persons  specified 
therein,  in  the  same  manner  that  collectors  are  authorized  to  col- 
lect town  and  county  charges. 

The  trustees  ought  to  take  a  written  raceipt  from  the  collector  for  the  tax 
list  and  warrants,  specifying  the  return  day  and  the  amount  to  be  collected, 
that  they  may  be  prepared  with  the  proper  evidence,  in  case  it  should  be  neces- 
sary to  bring  an  action  against  him. 

'I  ho  representatives  of  a  deceased  person  are  not  entitled  to  any  delay  in  the 
payment  of  a  tax,  but  are  bound  to  pay  on  demand ;  and  on  refusal  or  neglect, 
the  collector  m!iy  proceed  to  sell  any  property  found  on  the  premises.  By  sec- 
tion 27,  subdivision  2,  2  Re^^sed  Statutes,  28,  taxes  of  all  kinds  have  preference 
to  any  other  demand. 

No  property  is  exempt  from  levy  and  sale  under  a  tax  list  and  warrant, 
except  the  military  equipments  specified  on  page  102. 

The  collector  may  levy  upon  any  goods  and  chattels  lawfully  in  the  possession 
of  the  person  liable  to  pay  the  tax,  that  is  to  say,  the  person  named  in  the  tax 
list,  although  such  person  be  not  the  owner  of  such  goods  and  chattels.  (13  Wend., 
629.)  The  individual  property  of  an  executor,  administrator  or  trustee  may  be 
taken  for  a  tax  imposed  on  him  in  his  representative  character,  when  no  prop- 
erty of  the  testator,  intestate  or  cestui  que  trust  can  be  found.  (4  Wend.,  223.) 
But  the  warrant  does  not  protect  the  collector,  if  he  levies  upon  property  in 
the  possession  of  persons  not  named  in  the  roll,  or  whose  names,  it  is  apparent 
from  the  roll  itself,  the  assessors  ought  not  to  have  set  down  ;  for  example, 
persons  whose  lands  are  described  in  the  part  of  the  tax  list  containing  the  list 
of  lands  taxed  as  non-resident.  (IG  Barh.,  Gol.) 

The  manner  in  which  town  collectors  are  authorized  to  collect  town  and 
county  charges  is  pointed  out  by  tlie  following  sections  of  title  3,  chapter  13, 
part  1st  of  the  Revised  Statutes  : 


192  ASSESSMEI^T   AND    COLLECTIOX   OF   TaXES. 

"  §  1.  Every  collector,  upon  receiving  the  tax  list  and  warrant,  shall  proceed 
to  collect  the  taxes  therein  mentioned,  and  for  that  piu'pose  shall  call  at  least 
once  on  the  person  taxed,  or  at  the  place  of  his  usual  residence,  if  in  the  town 
or  ward  for  which  said  collector  has  been  chosen,  and  shall  demand  payment 
of  the  taxes  charged  to  him  on  his  property. 

"  ^  2.  In  case  any  person  shall  refuse  or  neglect  to  pay  the  tax  imposed  on 
him,  the  collector  shall  levy  the  same  by  distress  and  sale  of  the  goods  and 
chattels  of  the  person  who  ought  to  pay  the  same,  or  of  any  goods  and  chattels 
in  his  possession,  wheresoever  the  same  may  be  found  within  the  district  of  the 
collector ;  and  no  claim  of  property  to  be  made  thereto  by  any  other  person 
shall  be  availal^le  to  prevent  a  sale. 

"  §  3.  The  collector  shall  give  public  notice  of  the  time  and  place  of  sale,  and  of 
the  property  to  be  sold,  at  least  six  days  previous  to  the  sale,  by  advertisements 
to  be  posted  up  in  at  least  three  public  places  in  the  town  where  such  sale  shall 
be  made.     The  sale  shall  be  by  public  auction. 

"  4.  If  the  property  distrained  shall  be  sold  for  more  than  the  amount  of  the 
tax,  the  surplus  shall  be  returned  to  the  person  in  whose  possession  such  prop- 
erty was  when  the  distress  was  made,  if  no  claim  be  made  to  such  surjilus  by 
any  other  person.  If  any  other  person  shall  claim  such  surplus,  on  the  ground 
that  the  property  sold  belonged  to  liim,  and  such  claim  be  admitted  by  the 
person  for  whose  tax  the  same  was  distrained,  the  surplus  shall  be  paid  to  such 
owner  ;  but  if  such  claim  be  contested  by  the  person  for  whose  tax  the  prop- 
erty was  distrained,  the  surplus  money  shall  be  paid  over  by  the  collector  to 
the  supervisor  of  the  town,  who  shall  retain  the  Same  until  the  rights  of  the 
parties  shall  be  determined  by  due  course  of  law." 

It  is  provided  by  the  Revised  Statutes  (volume  2,  1st  ediiion,  page  522)  that 
"  no  replevin  shall  lie  for  any  property,  taken  by  virtue  of  any  warrant  for 
the  collection  of  any  tax,  assessment  or  fine,  in  pursuance  of  any  statute  of  this 
State." 

A  collector,  like  other  ministerial  officers  bound  to  execute  process,  is  pro- 
tected, if  the  process  is  regular  on  its  face,  and  comes  from  a  coui-t  or  body 
having  jurisdiction  of  the  subject-matter,  if  nothing  appears  in  such  process  to 
apprise  him  that  there  was  a  defect  of  jurisdiction  as  to  the  particular  person 
or  property  to  be  affected  by  such  process.  That  warrant  and  tax  list  consti- 
tute a  process  in  the  nature  of  an  execution,  and  must  be  construed  together 
(3  Seld.,  517),  so  that  if  a  defect  of  jurisdiction  appear  on  either,  the  collector 
is  not  protected.  But  he  is  not  bound  to  inquire  whether  the  trustees  have  not 
erred  in  the  exercise  of  their  jurisdiction.  Thus  he  was  held  to  be  protected, 
in  7  Wend.,  91,  where  the  trustees  had  taken  the  valuations  from  the  assess- 
ment roll,  which  was  incomplete  and  subsequently  varied,  though  the  trustees 
were  held  liable  as  trespassere.  But  tlie  collector  was  held  liable,  in  16  Wend, 
C07,  where  the  warrant  was  irregular  on  its  face,  in  commanding  him  to  pro 
ceed,  "  as  on  execution  issued  by  justices  of  the  peace,"  and  in  18  Barb.,  327, 
where  it  commanded  him  to  collect  five  jicr  cent  on  all  sums  mentioned  iu  thcj 
tax  list,  without  excepting  those  which  should  be  voluntarily  paid  him  in  two 
weeks. 

The  rule  for  the  protection  of  ministerial  officers  acting  under  process, 
regular  and  legal  on  its  face,  is  held  to  prevail,  even  though  he  has  knowkdye 
of  facts  rendering  it  void  for  want  of  jurisdiction.  (5  Uill,  440.)  "  He  mu.stbo 
governed  and  is  protected,"  say  the  court,  "  by  the  process,  and  cannot  be 
aiFuctcd  by  any  thing  which  he  has  heard  or  learned  out  of  it." 


AsSESSMEN^r    AND    COLLECTION    OF   TaXES.  193 

§  82.  A  warrant  for  the  collection  of  a  tax  voted  by  the  district 
shall  not  be  delivered  to  the  collector  until  the  thirty-first  day 
after  the  tax  was  voted.  A  warrant  for  the  collection  of  any  tax 
not  so  voted  may  be  delivered  to  the  collector  whenever  the  same 
is  completed. 

The  collector  is  not  bound  to  give  notice  of  the  time  when  the  tax  list  and 
warrant  are  put  in  his  possession. 

A  distinction  is  here  made  between  a  tax  voted  by  the  district  and  one  levied 
by  authority  of  law  without  such  vote. 

A  tax  list  made  out  for  the  collection  of  any  money  to  defray  the  expenses 
incurred  by  the  trustees,  under  sections  fifty  and  fifty-one  of  this  title,  may 
have  the  warrant  attached  and  be  delivered  to  the  collector  "  whenever  the 
same  is  completed,"  which  means  just  as  soon  as  the  trustees  can  make  the 
assessment.  No  tax  list  can  be  considered  as  complete  until  it  has  passed 
from  the  hands  of  the  trustees,  and  is  no  longer  open  to  their  alteration  and 
revision.  The  writing  out  of  the  tax  list  and  warrant  is  purely  clerical.  The 
completion  of  the  tax  list  must  be  found  in  the  last  official  act  of  the  trustees, 
its  delivery  to  the  collector. 

A  tax  list  for  the  collection  of  a  tax  voted  by  the  district  cannot  be  com- 
pleted vmtil  the  thirty-first  day  after  the  tax  was  voted  ;  but  a  tax  list  for  the 
collection  of  a  tax  not  so  voted  may  be  completed  whenever  the  trustees 
deliver  it  to  the  collector. 

§  83.  Within  such  time,  not  less  tiian  ten  days,  as  the  trustees 
shall  allow  him  for  the  purjDOse,  the  collector,  before  receiving  the 
first  warrant  for  the  collection  of  money,  shall  execute  a  bond  to 
the  trustees,  with  one  or  more  sureties,  to  be  approved  by  one  or 
more  of  the  trustees,  in  such  amount  as  the  district  meeting  shall 
have  fixed ;  or,  if  such  meeting  shall  not  have  fixed  the  amount, 
then  in  such  amount  as  the  trustees  shall  deem  reasonable,  condi- 
tioned for  the  due  and  faithfid  execution  of  the  duties  of  his  office. 

The  amount  of  bail  to  be  given  by  the  collector  should  be  fixed  at  the  annual 
meeting,  when  the  oflicers  of  the  district  are  chosen.  It  may  be  fixed  at  any 
duly  assembled  meeting. 

The  trustees  should  notify  the  collector  of  the  time  when  a  tax  list  and  war- 
rant will  be  in  readiness  for  delivery  to  him,  and  the  statute  gives  him  ten 
days  to  look  up  his  sureties.  This  notice  should  be  served  not  more  than 
twenty  days  after  a  tax  is  voted,  in  order  that  no  time  may  be  lost  in  the 
collection. 

.The  following  is  a  form  of  a  collector's  bond : 

Know  all  men  by  these  presents,  that  we,  A.  B.,  C.  D.  and  R.  S.  (the  collector 
and  his  sureties),  are  held  and  firmly  bound  to  E.  F.,  G.  H.  and  L.  M.,  trustees 
25 


194  Assessment  and  Collection  of  Taxes. 

of  school  district  No.        ,  in  tlie  town  of  ,  county  of  ,  in  the 

sum  of  (liere  insert  the  amount  of  bail  fixed  by  the  district  meeting  or  by  the 
trustees),  to  be  paid  to  the  said  E.  F.,  G.  H.  and  L.  M.,  trustees  as  aforesaid,  or 
to  the  survivor  or  survivors  of  them,  or  their  successors ;  to  which  pajinent, 
■well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  executors  and  admin- 
istrators, firmly  by  these  presents.  Sealed  with  our  seals,  and  dated  this 
day  of  ,  18     . 

Whereas,  the  above  bounden  A.  B.  has  been  chosen  (or  appointed)  collector 
of  the  above  mentioned  school  district  No.         ,  in  the  town  of  ,  in  con- 

formity to  the  statutes  relating  to  common  schools  ;  now,  therefore,  the  condi- 
tion of  this  obligation  is  sucli,  that  if  the  said  A.  B.  shall  well  and  truly 
collect  and  properly  account  for  all  moneys  received  by  him  as  such  collector, 
and  shall,  in  all  respects,  duly  and  faithfully  execute  all  the  duties  of  his  office 
as  collector  of  such  district,  then  this  obligation  shall  be  void,  otherwise  to  be 

in  full  force  and  effect. 
,  A.  B.    [l.  s.] 

C.  D.     [L.  s.] 
R.  S.    [L.  s.] 
Signed,  sealed  and  delivered  ) 
in  the  presence  of  ) 

United  States  internal  revenue  stamps,  to  the  value  of  one  dollar,  must  be 
properly  affixed  to  the  collector's  bond,  and  be  canceled  by  the  persons  signing 
the  same. 

§  84,  The  collector,  for  two  weeks  after  receiving  a  warrant  for 
the  collection  of  taxes,  shall  receive  such  taxes  as  may  be  A^olun- 
tarily  paid  to  hira ;  and  in  case  the  whole  amount  shall  not  be  so 
paid  in,  the  collector  shall  proceed  forthwith  to  collect  the  same. 
He  shall  receive  for  his  services,  on  all  sums  paid  in  as  aforesaid, 
one  per  cent,  and  upon  all  sums  collected  by  him  after  the  expira- 
tion of  the  time  mentioned,  five  per  cent ;  and  in  case  a  levy  and 
sale  shall  be  necessarily  made  by  such  collector,  he  shall  be  enti- 
tled to  traveling  fees  at  the  rate  of  ten  cents  jicr  mile,  to  be  com- 
puted from  the  school-house  in  such  district. 

The  trustees  are  not  authorized  to  receive  or  hold  any  money  collected  on  a 
district  tax.  Payment  to  them  would  not  be  payment  of  the  tax,  and  the  col- 
lector cannot  so  regard  it.  He  must  collect  and  hold  the  moneys,  and  pay 
them  out  only  on  the  written  order  of  tlie  trustees. 

The  collector  must  hold  his  tax  list  and  warrant  for  t^vo  weeks  to  receive 
voluntary  pajnncnts ;  but  ho  cannot  demand  payment  within  that  time,  nor 
proceed  to  levy  upon  property. 

After  two  weeks  he  must  collect,  and  may  demand  five  per  cent  on  the  sums 
collected.  But  he  is  not  entitled  to  any  percentage  on  sums  remaining  uncoL 
lected. 


Assessment  and  Collection  of  Taxes.  195 

§  85.  Any  collector  to  whom  any  tax  list  and  warrant  may  be 
delivered  for  collection  may  execute  the  same  in  any  other  district 
or  town  in  the  same  county,  or  in  any  other  county  where  tho 
district  is  a  joint  district  and  composed  of  territory  from  adjoining 
counties,  in  the  same  manner  and  with  the  like  authority  as  in  the 
district  in  which  the  trustees  issuing  the  said  warrant  may  reside, 
and  for  the  benefit  of  which  said  tax  is  intended  to  be  collected ; 
and  the  bail  or  sureties  of  any  collector,  given  for  the  faithful  per- 
formance of  his  official  duties,  arc  hereby  declared  and  made  liable 
for  any  moneys  received  or  collected  on  any  such  tax  list  and 
warrant. 

When  a  collector  le\'ies  upon  property  out  of  his  district,  he  should  put  up 
notices  of  the  sale  of  such  property,  as  well  in  the  district  where  the  sale  is  to 
take  place,  as  in  that  of  his  residence. 

§  86.  If  the  sum  or  sums  of  money,  payable  by  any  person 
named  in  such  tax  list,  shall  not  be  paid  by  him  or  collected  by 
such  -warrant  within  the  time  therein  limited,  it  shall  and  may  be 
lawful  for  the  trustees  to  renew  such  warrant  in  respect  to  such 
delinquent  person  ;  or,  in  case  such  person  shall  not  reside  within 
their  district  at  the  time  of  makinn^  out  a  tax  list,  or  shall  not  i 
reside  therem  at  the  expiration  ot  such  warrant,.and  do  goods  or 
chattels  can  be  found[therem| whereon  to  levy  the  tax,  the  trustees 
may  sue  for  and  recover  the  same  in  their  name  of  office. 

Cliief  Justice  Nelson,  deliverinpr  the  opinion  of  the  supreme  court,  in  24 
Wend.,  2G9,  where  a  warrant  had  been  made  out  but  not  delivered  to  the  col- 
lector, and  the  return  day  havinj^  passed,  while  it  remained  in  the  hands  of  the 
trustees,  it  was  renewed  and  then  delivered  to  the  collector,  says :  "  The 
renewal  is  in  fact  but  a  re-issuing  of  the  process,  and  I  can  perceive  no  reason 
against  regarding  it  as  an  original  issuing.  Nor  can  the  difference  be  material 
whetlier  it  lies  in  the  hands  of  the  trustees  for  a  time  and  is  then  revived  by  a 
renewal,  or  in  the  hands  of  the  collector  unexecuted,  which  confessedly  would 
justify  it."  In  3  IIUl,  495,  where  the  objection  was  that  the  original  warrant 
was  not  under  seal  (which,  as  the  law  then  stood,  rendered  it  void),  but  the 
renewal  was  signed  by  the  trustees  with  their  seals  affixed,  the  court  say: 
"  The  renewal  of  the  warrant  made  it  new  process  for  all  the  purposes  of  col- 
lecting the  taxes  then  unpaid  ;  it  is  the  &ame  thing,  substantially,  as  though 
the  original  warrant  had  been  recited  in  the  renewal ;  and  thus  we  have  a 
warrant  under  the  hands  and  seals  of  the  trustees."  In  4  Barb.,  444,  it  was 
held  that  the  issuing  of  a  new  warrant  was  a  good  execution  of  the  power 
to  renew.     In   17   Barb.,  145,  a  warrant  not  issued  until  after  its  renewal 


196  Assessment  and  Collection  of  Taxes. 

becomes,  by  delivery  to  tbe  collector  witb  a  renewal  indorsed,  valid  and  effec- 
tual process,  a-s  of  that  date;  and  the  rights  of  tax  payers  and  duties  of  the 
collector  are  the  same  as  they  would  have  been  had  the  warrant  been  made  out 
and  dated  as  an  original  process  on  the  day  of  its  delivery  to  the  collector.  In 
20  Barb.,  165,  where  three  trustees  signed  the  original  warrant,  but  one  of 
them  refused  to  sign  the  renewal,  the  latter  was  held  not  liable  for  any  act 
done  under  the  renewal  and  after  the  original  return  day. 

The  renewal  is  to  be  under  the  hands  of  the  trustees,  or  a  majority  of  them, 
■who  are  in  office  at  the  time  of  such  renewal.  For  the  purpose  of  preserving  an 
authentic  history  of  the  process,  it  is  better  to  append  a  renewal  to  the  original 
warrant  than  to  issue  a  new  one,  except  in  cases  where  the  original  may  bo 
discovered  to  have  been  defective  in  its  form.  It  ought  to  specify  the  duration 
of  the  time  for  which  it  is  renewed,  and  to  be  indorsed  upon  or  written  under 
the  original  warrant,  in  substantially  the  follo^\dng  form : 

We  hereby  renew  the  within  (or  above  written)  Avarrant  in  respect  to  delin 
queuts  for  the  period  of  thirty  days.     Dated  this  day  of  ,18     . 

A.  B.,  J  Trustees  of  District 
C.  D.,  V  No.  ,  in  the 

E.  F.,  )  town  of 

A  second  or  subsequent  renewal  requires  the  consent  of  the  supervisor,  under 
the  next  section.  In  that  case,  the  words  "  With  the  approbation  of  the  super- 
visor of  the  town  of  (in  which  the  school-house  is  located ),"  should  pre- 
cede the  above  form. 

Where  the  warrant  is  renewed  by  the  trustees,  the  collector  in  office  at  the 
time  of  such  renewal  must  execute  it. 

It  being  a  palpable  absurdity  to  talk  of  those  as  delinquents  who  have  never 
been  called  upon  to  pay,  this  language  of  the  statute  is  an  admonition  to  the 
trustees  not  to  suffer  a  warrant  to  run  out  in  their  hands  without  issuing  it. 

The  latter  clause  of  the  above  section,  giving  the  trustees  the  right  to  sue 
persons  named  in  a  tax  list,  is  confined  to  such  as  did  not  residt  within  the  dis- 
trict at  the  time  of  making  out  the  list,  or  who  shall  have  ceased  to  reside 
therein  at  the  expiration  of  the  warrant.  It  cannot  be  regarded  as  having 
expired  until  a  renewal  may  have  run  out ;  and  in  respect  to  both  classes  of 
persons,  the  inability  to  find  goods  and  chattels  whereon  to  levy  the  tax  should 
be  proved  by  the  sworn  return  of  the  collector  before  a  suit  is  brought.  They 
may  have  been  taxable  inhabitants,  under  some  of  the  definitions  of  those 
words  wmtaincd  in  the  statutes  regarding  taxation,  without  ever  having  been 
residents  or  having,  in  fact,  set  foot  in  tlu;  district  at  all. 

§  8V.  Whenever  the  trustees  of  any  scliool  district  shall  discover 
any  error  in  a  tax  list  made  out  by  them,  they  may,  with  the 
approbation  and  consent  of  the  Superintendent  of  Public  Instruc- 
tion, after  refunding  any  amount  that  may  have  been  improperly 
collected  on  such  tax  list,  if  the  same  shall  be  required  by  him, 


Assessment  and  Collection  of  Taxes.  197 

amend  and  correct  such  tax  list,  as  directed  by  tlie  Superintendent, 
in  conformity  to  law  ;  and  whenever  more  than  one  renewal  of  a 
"warrant  for  the  collection  of  any  tax  list  may  become  necessary  in 
any  district,  the  trustees  may  make  such  further  renewal,  with 
the  written  approbation  of  the  supervisor  of  any  town  in  which  a 
Bchool-house  of  said  district  shall  be  located,  to  be  indorsed  upon 
Buch  warrant. 

Tlie  application  to  the  Stato  Superintendent,  for  liis  consent  to 'correct  an 
error,  should  be  under  the  hands  of  a  majority  of  the  trustees,  and  sliould  state 
Bpecifically  wherein  the  error  is  supposed  to  consist,  and  in  what  manner  they 
propose  to  amend  and  correct  the  tax  list.  It  will  ordinarily  be  the  better  mode 
to  revoke  the  imperfect  tax  list  and  to  make  out  a  new  one,  stating  in  the 
heading  thereof  that  it  is  "  Amended  and  corrected  with  the  approbation  and 
consent  of  the  State  Superintendent  of  Public  Instruction,  by  his  order  bearing 
date  the  day  of  ,  18     ."     The  order  should,  of  course,  be  carefully 

filed  as  evidence  of  the  authority  to  collect  under  it. 

The  approval  of  the  supervisor  may  be  given  by  his  indorsing  on  the  war- 
rant, under  the  form  given  in  the  preceding  section,  the  words : 

"  Approved  this        day  of  ,  18    .    H.  T.,  Supervisor  of         ." 

If  there  be  more  than  one  school-house  in  the  district,  and  they  be  located  in 
different  towns,  the  approval  should,  as  a  matter  of  prudence,  be  signed  by  the 
supervisors  of  all  such  towns.  It  is  a  matter  of  discretion  with  the  supervisor, 
in  the  first  instance,  to  grant  or  withhold  his  approbation.  If  he  improperly 
refuses  it,  the  remedy  is  by  appeal  upon  regular  notice  to  him. 

§  88.  The  collector  shall  keep  in  his  jiossession  all  moneys 
received  or  collected  by  him  by  virtue  of  any  warrant,  to  be  by 
him  paid  out  upon  the  order  of  a  majority  of  the  trustees;  and  he 
shall  report  in  writing  at  the  annual  meeting,  all  his  collections 
and  disbursements,  and  shall  pay  over  to  his  successor  in  office,  ■ 
when  he  has  duly  qualified  and  given  bail,  all  moneys  in  his  hands 
belonging  to  the  district. 

The  collector  by  this  section  is  made  the  legal  custodian  of  all  moneys  col- 
lected by  tax  upon  the  district ;  and  he  can  pay  it  out  only  upon  the  order  of 
a  majority  of  the  trustees.  The  collector  should  demand  a  written  order.  The 
collector  and  his  sureties  in  his  bond  are  responsible  for  the  safe  keeping  and 
legal  disbursement  of  the  moneys  of  the  district.  The  orders  of  the  trustees 
are  the  only  proper  vouchers  for  the  disposal  of  the  moneys. 

The  collector  should  keep  an  account  of  all  moneys  collected  and  paid  out 
by  him,  and  be  ready  with  his  vouchers,  to  report  at  the  annual  meeting. 

Before  handing  over  the  moneys  in  his  hands  to  his  successor,  he  should  be 
certam  that  the  bail  required  has  been  given  ;  and  should  take  a  receipt  for  the 
moneys  paid  over. 


198  Assessment  and  Collection  of  Taxes. 

§  89.  If,  by  the  neglect  of  any  collector,  any  moneys  shall  be  lost 
to  any  school  district,  which  might  have  been  collected  within  the 
time  limited  in  the  warrant  delivered  to  him  for  their  collection, 
he  shall  forfeit  to  such  district  the  amount  of  the  moneys  thus  lost, 
and  shall  account  for  and  pay  over  the  same  to  the  trustees  of  such 
district,  in  the  same  manner  as  if  they  had  been  collected. 

The  collector's  power  to  sell  property  ceases  with  the  expiration  of  the  time 
limited  in  the  warrant  for  its  return,  even  under  a  levy  made  before  the  return 
day  ;  and  tmless  the  warrant  is  renewed  by  the  trustees,  his  liability  for  not  col- 
lecting becomes  fixed.  (18  Barh.,  330.)  It  behooves  him,  therefore,  not  to 
intermit  his  efforts  to  collect  a  tax  upon  any  verbal  directions  of  the  trustees. 
Having  commanded  him  by  a  warrant,  he  is  bomid  to  complete  its  execution, 
unless  the  time  is  extended  by  the  equally  solemn  act  of  renewal.  Nor  is  he 
bound  to  delay,  against  his  own  wishes,  because  the  trustees  desire  it.  They 
may  sometimes  desire  to  suspend  proceedings,  where  he  is  indifferent,  because 
a  warrant,  regular  on  its  face,  is  siifficient  for  Ms  protection,  while  they  may  be 
responsible  from  a  defect  of  authority  not  apparent  on  its  face.  In  such  a  case 
he  should  require  a  formal  certificate  from  the  trustees  that  they  have  with- 
drawn the  warrant,  and  discliarged  him  from  the  further  execution  thereof,  and 
should  make  a  return  thereon  to  this  effect : 

"  Under  the  within  warrant,  I  have  received  and  collected  of  the  following 
persons  named  in  the  tax  list  thereto  attached  the  sum  of  money  set  opposite 
to  their  respective  names,  viz. :  James  Tliomas,  $6.81 ;  James  Thomas,  executor 
of  John  Thomas,  deceased,  $17.45,  etc.,  etc.,  and  have  this  day  ceased  from  tlie 
further  execution  thereof,  by  the  written  direction  of  C.  D.  and  E.  F.,  a  majority 
of  tlie  trustees. 

"  Dated  this  day  of  ,  18      • 

"STEPHEN  GRINNER,  Collector." 

Transactions  of  this  nature  should  never  be  left  to  rest  upon  loose  conversa- 
tions, nor  should  any  officer  of  a  district  permit  his  responsibility  to  the 
inhabitants  to  be  confounded  with  that  of  other  officers,  who  may  have  distinct 
accounts  to  render  for  their  conduct  in  the  affair. 

Where  a  warrant  runs  out  in  the  collector's  hands,  he  is  answerable  for  any 
loss  arising  from  his  neglect,  notwithstanding  sucli  wan-ant  may  have  been 
afterward  renewed  and  delivered  to  liis  successor. 

§  90.  For  the  recovery  of  all  such  forfeitures,  and  of  all  balances 
in  the  hands  of  the  collector  which  he  shall  have  neglected  or 
refused  to  pay  to  his  successor,  the  trustees,  in  their  name  of  office, 
Bhall  have  their  remedy  upon  the  official  bond  of  the  collector,  or 
any  action  and  any  remedy  given  by  law;  and  they  shall  apply 
all  such  moneys,  when  recovered,  in  the  same  manner  as  if  paid 
witliout  suit. 


Libraries  and  Library  Moneys.  199 

The  forfeiture  referred  to  in  this  section  is  the  amount  of  money  which  a  col- 
lector might  have  collected  by  the  exercise  of  proper  diligence.  The  legal 
presumption  is,  when  the  return  day  of  a  warrant  arrives,  that  the  collector  has 
all  the  money  in  his  hands.  It  is  sufficient  for  the  trustees  to  prove  that  they 
delivered  to  him  a  tax  list  and  warrant  for  the  collection  of  a  certain  amount, 
and  that  the  time  therein  specified  for  its  return  has  expired.  They  may  then 
rest  their  case,  and  it  lies  upon  the  collector  to  produce  in  liis  defense  the  orders 
of  the  trustees  for  such  moneys  as  he  may  have  paid,  his  account  of  non-resident 
taxes,  with  his  affidavit  of  his  inability,  after  diligent  eflbrts,  to  collect  the  same, 
and  then  to  show  as  to  taxable  iiihabitants  named  in  the  tax  list,  that  they  had 
no  personal  property  within  the  district  upon  which  he  could  levy.  The 
trustees  may  then  prove  in  reply  that  such  taxable  inhabitants  had  personal 
property  outside  of  the  district  but  witliin  the  county  (or,  if  the  district  includes 
parts  of  more  than  one  county,  in  either  county),  and  they  ought  probably  to 
show,  in  addition,  that  the  collector  had  express  notice  of  the  fact,  or  that  he 
knew  it,  or  that  it  was  so  far  linown  in  the  district  that  the  collector,  by  rea- 
sonable diligence  in  making  inquiries,  would  have  ascertained  such  facts  as  to 
make  it  his  duty  to  look  for  property  outside  of  the  district.  The  question  is, 
would  an  ordinary  man  —  not  a  particularly  keen  or  covetous  man  —  armed 
with  the  power  to  appropriate  any  chattels  of  his  debtor  to  the  payi^^ent  of  a 
debt  due  liimself,  have  failed  to  discover  that  such  property  was  within  his 
reach  ? 

TITLE  VIII. 

OF    SCHOOL    DISTRICT    LIBRARIES,  AND  THE  APPLICATION    OF   LIBRARY 

MONEYS. 

Section  1.  The  taxable  inhabitants  of  each  school  district  in 
the  State  shall  have  power,  when  lawfully  assembled  in  any  dis- 
trict meeting,  to  lay  a  tax  on  the  district,  not  exceeding  ten  dol- 
lars in  any  one  year,  for  the  purchase  of  such  books  as  they  shall 
direct  for  the  district  library,  and  such  further  sum  as  they  may 
deem  necessary  for  the  purchase  of  a  book-case.  All  books  and 
cases  which  may  have  been  or  shall  be  purchased  with  moneys 
raised  by  such  taxes,  or  with  money's  apportioned  to  the  district 
for  library  purposes,  and  all  books  which  have  been  given  to  and 
accepted  by  the  trustees  for  the  library,  shall  compose  the  library 
of  the  district. 

The  power  of  taxation  granted  in  this  section  is  a  duplication  of  the  power 
given  by  subdivision  9  of  section  16  of  title  7  of  this  act. 

Section  135  of  the  act  of  1847,  following  chapter  80  of  1835,  from  which  it 
was  taken,  directs  that  "the  taxes  authorized  by  the  foregoing  section  shall  be 
assessed  and  collected  in  the  same  manner  as  a  tax  for  building  a  school- 
house." 


200  Libraries  and  Library  Moneys. 

The  books  to  be  purchased  by  tax  under  this  section  are  such  as  the  district 
meeting  shall  direct,  while  those  purchased  by  the  library  money  apjiortioned 
to  the  district  are  selected  by  the  trustees.  The  meeting  may  adopt  such  regu- 
lations as  it  deems  proper  for  the  management  of  so  much  of  the  library  as  is 
purchased  by  a  district  tax,  while  the  general  regulations  in  respect  to  those 
bought  by  money  received  from  the  State  are  prescribed  by  the  State  Superin- 
tendent. 

.  §  2.  The  sum  of  fifty-five  thousand  dollars,  directed  to  be  ^Tis- 
tributed  to  the  several  school  districts  of  this  State  by  the  fourth 
section  of  chapter  two  hundred  and  thirty-seven  of  the  Laws  of 
eighteen  hundred  and  thirty-eight,  shall  continue  to  be  applied  to 
the  purchase  of  books  for  the  district  libraries. 

The  selection  of  books  for  the  district  library  is  devolved  by  law  upon  the 
trustees ;  and  when  the  importance  of  this  most  beneficent  and  enlightened 
provision  for  the  intellectual  and  moral  improvement  of  the  inhabitants  of  the 
several  districts,  of  both  sexes  and  all  conditions,  is  duly  estimated,  the  trust 
here  confided  is  one  of  no  ordinary  responsibility.  In  reference  to  such  selec- 
tions, but  two  prominent  sources  of  embarrassment  have  been  experienced. 
The  one  has  arisen  from  the  necessity  of  excluding  from  the  libraries  all  works 
having  directly  or  remotely  a  sectarian  tendency,  and  the  other  from  that  of 
recommending  the  exclusion  of  novels,  romances  and  other  fictitious  creations 
of  the  imagination,  including  a  large  proportion  of  the  lighter  literature  of  the 
day.  The  propriety  of  a  peremptory  and  uncompromising  exclusion  of  those 
catchpenny  but  revolting  publications  which  cultivate  the  taste  for  the  marvel- 
ous, the  tragic,  the  horrible  and  the  supernatural — the  lives  and  exploits  of 
pirates,  banditti  and  desperadoes  of  every  description — is  too  obvious  to  every 
reflecting  mind  to  require  the  slightest  argument. 

If  any  case  of  improper  selection  of  books  should  come  before  the  Superin- 
tendent, by  appeal  from  any  inhabitant,  such  selection  would  be  set  aside ;  and 
if  it  appears  from  the  reports  which,  according  to  regulation,  must  be  made, 
that  such  books  have  been  purchased,  the  school  commissioner  will  be  bound 
to  withhold  the  next  year's  library  money  from  such  district  \mtil  they  are 
rcjilaced  by  works  of  e(jual  cost  and  better  character. 

In  regard  to  works  of  a  sectarian  character,  which  there  is  considerable  dis- 
position to  smuggle  into  district  libraries,  the  following  general  rules,  promul 
gated  by  Superintendent  Eandall  several  years  ago,  may  be  regarded  as 
expressing  the  settled  principles  of  the  department : 

"  1.  No  works  written  professedly  to  iiphold  or  attack  any  sect  or  creed  in 
our  country,  claiming  to  be  a  religious  one,  shall  be  tolerated  in  the  school 
libraries ; 

,  2.  Standard  works  on  other  topics  shall  not  be  excluded  because  they  inci- 
deotally  and  indirectly  betray  the  religious  o])inions  of  their  autliors  ; 

"  3.  VV'orks  avowedly  on  other  topics,  which  abound  in  direct  and  unreserved 
attacks  on,  or  defense  of,  the  character 'of  any  religious  sect,  or  those  which 


LiBRAKIES    AND    LiBKARY   MONEYS.  201 

hold  up  any  religious  bod}'  to  contempt  or  execration,  by  singling  out  or  bring- 
ing togotlier  only  the  darker  parts  of  its  histoi-y  or  character,  shall  be  excluded 
from  tho  school  libraries." 

In  the  selection  of  books  for  a  district  library,  information,  and  not  mere 
amusement,  is  to  be  regarded  as  the  primary  object.  Suitable  provision 
should,  however,  be  made  for  the  intellectual  wants  of  the  young,  by  furnish- 
ing them  with  books  which,  without  being  merely  juvenile  in  their  character 
may  be  level  to  their  comprehension,  and  sufficiently  entertaining  to  excite  and 
gratify  a  taste  for  reading.  It  is  useless  to  buy  books  which  are  not  read.  Tlie 
indifference  which  is  manifested  in  respect  to  many  of  the  district  libraries 
shows  that  in  point  of  fact  their  volumes  are  little  sought  for.  This  covild 
hardly  be  the  case,  if  the  annual  additions  vvere  of  a  kind  to  interest  the  young. 
If  we  can  succeed  in  making  eager  readers  of  the  youthful  generation,  they  will 
take  care  of  the  libraries  in  the  future. 

§  3.  But  -whenever  tlie  number  of  volumes  in  the  district  library 
of  any  district  numbering  over  fifty  children  between  the  ages  of 
five  and  sixteen  shall  exceed  one  hundred  and  twenty-five,  or 
of  any  district  numbering  fifty  children  or  less  between  the  said 
ages  shall  exceed  one  hundred  volumes,  the  inhabitants  of  the 
district  qualified  to  vote  therein  may,  at  a  special  or  annual  meet- 
ing duly  notified  for  that  purpose,  by  a  majority  of  votes,  appro- 
priate the  whole  or  any  part  of  the  library  money  belonging  to 
tiie  district  for  the  current  year  to  the  purchase  of  maps,  globes, 
blackboards,  or  other  scientific  apparatus  for  the  use  of  the  school ; 
and  in  every  district  having  the'  required  number  of  volumes  in 
the  district  library,  and  the  maps,  globes,  blackboards  and  other 
apparatus  aforesaid,  the  said  moneys,  with  the  approbation  of  the 
Superintendent  of  Public  Instruction,  may  be  applied  to  the  pay- 
ment of  qualified  teachers'  Avages. 

This  section  was  a  part  of  section  136  of  chapter  480,  Laws  of  1847.  The 
so-called  free  school  law  of  1851  required  the  enumeration  of  all  children 
1  jet  ween  the  ages  of  four  and  twenty-one,  and  declared  the  schools  free  to  all 
between  those  ages.  But  this  section  was  not  amended  by  that  law,  but  has 
remained  unaltered  ever  since. 

In  order,  therefore,  to  authorize  a  district  to  apply  its  library  money  to  the 
purchase  of  scientific  apparatus,  or,  with  the  approbation  of  the  State  Superin- 
tendent, to  paying  teachers'  wages,  it  must  number  over  fifty  children  between 
the  ages  of  five  and  sixteen,  and  actually  have  in  its  library  over  one  hundred 
and  twenty-five  volumes,  or  over  one  hundred  volumes  if  the  number  of 
children  between  those  ages  be  less  than  fifty.  The  mere  fact  that  the  district 
has  at  sonie  previous  time  possessed  the  requisite  number  of  volumes  is  not 
sufficient. 

20 


202    '  Libraries  and  Library  Moneys. 

On  making  an  application  to  the  State  Superintendent,  the  facts  must  be 
proved  by  an  affidavit,  stating  the  number  of  children,  the  nimiber  of  volumes 
actually  in  the  library,  and  enumerating  what  maps,  globes,  and  other  scien- 
tific apparatus  have  been  procured  and  are  actually  in  use  in  the  school. 

The  vote  of  a  district  and  the  permission  of  the  State  Superintendent  relate 
only  to  the  application  of  library  money  for  the  cunent  year,  and  must  be 
annually  renewed  to  justify  any  diversion  of  it  from  the  purchase  of  books. 

§  4.  When  the  library  money  apportioned  to  a  district  in  any 
year  shall  be  less  than  three  dollars,  the  trustees  may  apply  it  in 

payment  of  qualified  teachers'  wages. 

.» 

The  annual  apportionment  made  by  the  school  commissioners  will  show 
what  is  the  amount  of  library  money  belonging  to  each  district.     If  it  is  less 
than  three  dollars,  then  the  trustees  may  give  an  order  for  it  on  the  supervisor 
in  part  payment  of  the  wages  of  a  qualified  teacher. 
/ 

§  5.  The  trustees  of  every  school  district  shall  be  trustees  of  the 

library  of  such  district ;  and  the  property  of  all  books  therein,  and 
of  the  case  and  other  appurtenances  thereof,  shall  be  deemed  to  be 
vested  in  such  trustees,  so  as  to  enable  them  to  maintain  any  action 
in  relation  to  the  same.  It  shall  be  their  duty  to  preserve  such 
books  and  keep  them  in  repair;  and  the  expenses  incurred  for  that 
purpose  may  be  included  in  any  tax  list  to  be  made  out  by  them 
as  trustees  of  a  district,  and  added  to  any  tax  voted  by  a  district 
meeting,  and  shall  be  collected  and  paid  over  in  the  same  manner. 
The  librarian  of  any  district  library  shall  be  subject  to  the  direc- 
tions of  the  trustees  thereof,  in  all  matters  relating  to  the  preser- 
vation of  tlie  books  and  ai>i)urtenances  of  the  library,  and  may  be 
removed  from  office  by  tliem  for  willful  disobedience  of  such  direc- 
tions, or  for  any  Avillful  neglect  of  duty. 

Being  required  to  preserve  the  books  belonging  to  the  library,  the  trustees 
must  liave  power  to  do  all  that  is  necessary  to  their  preservation.  If  the  people 
neglect  or  refuse  to  vote  a  tax  to  buy  a  book-case,  the  trustees  may  buy  one,  on 
the  ground  that  a  library  cannot  be  preserved  without  a  book-case  capable  of 
holding  the  books. 

They  are  also  to  cause  the  books  and  case  to  be  repaired  as  soon  as  may  be, 
when  injured;  and  to  provide  sufficient  wrapping  paper  to  cover  tlieir  books, 
and  the  necessary  writing  paper  to  enable  the  librarian  to  keep  minutes  of  the 
delivery  and  return  of  books.  Tlicse  arc  proper  expenses  for  the  preservation 
and  repair  of  the  books,  and  are  to  be  defrayed  by  a  tax  on  the  district,  which 
is  to  be  added  by  the  trustees  to  any  tax  voted  by  a  district  incH'ting.  It  is  not 
necessary  that  the  tax  to  defray  these  expenses  should  be  voted  by  the  iuhab- 


LlBUARIES    AND    LuiUAUY    MoXHTS.  203 

Hants  of  tlie  district.;  it  is  to  be  assessed  and  collected  iu  the  same  manner  as  a 
tax  for  building  or  repairing  a  school-liouse,  or  to  furnish  it  with  necessary 
fuel  and  appendages. 

Tiic  trustees  of  each  school  district  are  required,  at  the  time  of  making  their 
annual  reports,  to  deliver  to  the  school  commissioner  a  catalogue  containing 
the  titles  of  all  the  books  in  the  district  library  not  previously  reported,  with 
the  number  of  volumes  of  each  set  or  series,  and  the  condition  of  such  books, 
whether  sound,  or  injui'ed  or  defaced.  This  catalogue  must  be  signed  by  them 
and  by  the  librarian. 

§  6.  Trustees  sliall  be  liable  to  tlieir  successors,  and  the  librarian 
shall  be  liable  to  the  trustees,  for  any  neglect  or  omission  of  their 
respective  duties,  by  which  any  book  shall  be  lost,  destroyed  or 
damaged,  to  the  amount  of  such  damage  and  the  value  of  the  book 
so  destroyed  or  lost. 

There  is  great  reason  to  fear  that  the  duties  of  trustees,  in  respect  to  the 
preservation  of  the  libraries  in  good  condition,  are  often  criminally  neglected. 
They  ouglit  to  investigate  its  condition  as  soon  as  they  come  into  office,  ascer- 
tain who  has  the  custody  or  is  responsible  for  every  book  upon  its  catalogue, 
and  see  that  it  is  returned  in  due  time  to  the  librarian,  or  that  the  proper  fine 
for  its  detention  is  imposed  and  collected.  If  their  predecessors  cannot  produce 
or  account  for  the  books,  they  should  be  prosecuted  for  the  value  of  such  as 
may  be  missing. 

It  is  believed  that  the  loss  of  many  books,  and  the  injury  of  others,  are 
owing  to  neglect  of  the  trustees  to  provide  a  book-case  for  them.  Books  that 
are  tumbled  promiscuously  into  an  old  trunk,  or  dry  goods  box,  and  stowed 
away  in  a  garret,  are  not  kept  and  preserved.  A  book-case  well  filled  with 
good  books  is  the  most  valuable  ornament  in  any  room.  The  librarian  of  any 
district  which  has  a  library  of  two  or  three  hundred  well  selected  books  ought 
to  consider  himself  the  most  favored  man  in  his  neighborhood. 

§  7.  All  moneys  recovered  under  tlie  last  preceding  section,  and 
all  moneys  received  upon  any  policy  of  insurance  procured  upon 
the  library,  and  all  fines  and  penalties  imposed  by  or  in  pursuance 
of  this  title,  shall  be  applied,  by  the  trustees,  in  the  purchase  of 
books  for  and  in  the  reparation  and  care  of  the  library. 

§  8.  Any  two  or  more  adjoining  districts,  "with  the  consent  of 
all  the  commissioners  of  the  school  commissioner  districts  within 
which  tliey  lie,  may,  by  a  majority  of  votes  in  their  several  dis- 
tricts, unite  their  libraries,  anel  apply  their  library  moneys  and 
funds  to  the  care,  i-eparal  ion  and  augmentation  of  their  joint  library 
so  formed.  All  the  trustees  of  such  districts  shall  be  trustees  of 
buch  library,  with  all  the  powers,  duties  and  liabilities  conferred  and 


204  LiBRAEIES    AND   LiBRARY   MONETS. 

imposed  by  this  title  upon  the  trustees  of  a  library  of  a  district, 
and  the  librarian  shall  be  appointed  by  them,  and  have  the  j^owers 
and  be  subject  to  the  duties  and  liabilities  conferred  and  imposed 
by  this  title  upon  the  librarian  of  a  district ;  but  upon  the  question 
of  his  appointment  or  removal,  and  upon  any  other  question  M'hich 
may  arise  in  the  board  of  trustees,  the  trustee  or  trustees  of  each 
district  shall  have  one  vote  only.  All  the  districts  owning  such 
library  shall  be  considered  as  a  school  district,  and  the  library  as 
a  school  district  library,  within  the  meaning  otf  the  subsequent 
provisions  of  this  title. 

§  9.  The  agreement  forming  a  joint  library  may  be  terminated 
by  the  votes  of  all  the  several  districts  that  made  it,  or  by  the 
votes  of  any  one  or  more  of  them  less  than  the  whole,  provided  a 
majority  of  the  school  commissioners,  within  whose  districts  the 
school  districts  lie,  advise  and  consent  thereto,  or  the  Superintend- 
ent of  Public  Instruction  so  order. 

§  10.  When  such  an  agreement  shall  be  dissolved,  the  trustees 
'of  the  several  districts  (the  trustee  or  trustees  of  each  district 
having  only  one  vote)  shall  divide  the  library  and  all  the  joint 
funds  on  hand,  including  all  fines  and  penalties  incurred,  among 
the  several  districts  ;  and  if  they  cannot  agree,  then  such  division 
shall  be  made  by  the  commissioners  within  whose  districts  the 
school  districts  lie,  or  by  some  officer  or  person  selected  by  the 
Superintendent  of  Public  Instruction. 


It  lias  been  frequently  and  earnestly  ur^ed  upon  the  department  and  the 
Legislature  to  favor  the  consolidation  of  all  tlie  district  into  town  libraries. 
The  principal  objection  to  the  formation  of  town  libraries  is  that  the  distance 
to  be  traveled  to  and  from  them  would  render  them  practically  useless  to  a 
large  part  of  the  inhabitants  of  any  town.  There  is  no  other  serious  objec- 
tion. The  money  would  be  more  economically  expended,  the  purchase  would 
comprise  a  greater  variety  of  books,  they  would  be  in  the  main  a  better  class 
of  books,  and  they  would  be  more  carefully  preserved. 

There  can  be  no  doiil)t  of  the  pro])riety  and  usefulness  of  uniting  all  the 
libraries  of  such  districts  as  are  partly  composed  of  \'illages. 


§11.  The  general  regulations  respecting  the  preservation  of 
school  district  libraries,  the  delivery  of  them  by  librarians  and 
triistees  to  their  succG.'isors  in  office,  the  use  of  them  by  thp  inhab- 
itants of  the  district,  the  number  of  volumes  to  be  taken  by  any 


Libraries  and  Library  Moneys.  205 

one  person  at  any  one  time  or  during  anj"-  term,  the  periods  of 
their  return,  the  •fines  and  penalties  that  may  be  imposed  by  the 
trustees  of  such  libraries  for  not  returning,  foi-  losing  or  destroy- 
ing, any  of  the  books  therein,  or  for  soiling,  defacing  or  injuring 
them,  heretofore  framed  by  the  Superintendent  of  Public  Instruc- 
tion, are  continued  in  force,  and  he  may,  from  time  to  time,  amend, 
annul  or  add  to  them,  and  shall,  from  time  to  time,  furnish  printed 
copies  of  the  regulations  in  force,  and  of  such  amendments,  annul- 
ment's and  additions  to  the  trustees  of  such  libraries  ;  and  all  such 
regulations  shall  be  obligatory  upon  all  persons  and  officers  having 
charge  of  such  libraries,  or  using  or  possessing  any  of  the  books 
thereof  Such  fines  may  be  recovered  in  an  action  of  debt,  in  the 
name  of  the  trustees  of  any  such  library,  of  the  person  on  Avhom 
they  are  imposed,  unless  such  person  be  a  minor;  in  which  case 
they  may  be  recovered  of  tl\e  parent  or  guardian  of  such  minor, 
unless  notice  in  writing  shall  have  been  given  by  such  parent  or 
guardian  to  the  trustees  of  such  library,  that  they  will  not  be 
responsible  for  any  books  delivered  to  such  minor.  And  persons 
with  whom  such  minors  reside  shall  be  liable,  in  the  same  manner 
and  to  the  same  extent,  in  cases  where  the  parent  of  such  minor 
does  not  reside  in  the  district. 


REGULATIONS  OP  THE  SUPERINTENDENT  MADE  IN  PURSUANCE  OF  THE  ABOVE 

PROVISION. 

1.  The  librarian  is  required,  whenever  any  library  is  purchased  and  taken 
charge  of  by  him,  to  make  out  a  full  and  complete  catalogue  of  all  the  books 
contained  therein.  At  the  foot  of  each  catalogue  he  is  to  sign  a  receipt  in  the 
following  form : 

I,  A.  B.,  do  hereby  acknowledge  that  the  books  specified  in  the  preceding 
catalogue  have  been  delivered  to  me  by  the  trustees  of  school  district  No.  , 
in  the  town  of  ,  to  be  safely  kept  by  me,  as  librarian  of  the  said  district, 

f(ir  the  use  of  the  inhabitants  thereof,  according  to  the  regulations  prescribed 
by  the  Superintendent  of  Public  Instruction,  and  to  be  accounted  for  by  me, 
according  to  the  said  regulations,  to  the  trustees  of  the  said  district,  and  to  be 
delivered  to  my  successor  in  office.    Dated,  etc. 

A  correct  copy  of  the  catalogue  and  receipt  is  then  to  be  made,  to  which  the 
trustees  are  to  add  a  certificate  in  the  following  form : 

We,  the  subscribers,  trustees  of  school  district  No.  ,  in  the  town  of 

,  do  certify  that  the  preceding  is  a  full  and  complete  catalogue 


206  Libraries  and  Library  Moneys. 

of  books  in  the  library  of  the  said  district,  now  in  possession  of  A.  B.,  the 
librarian  thereof,  and  of  his  receipt  thereon.     Given  imder  our  hands,  this 
day  of  ,  18      . 

The  catalogue  having  the  librarian's  receipt  is  to  be  delivered  to  the  triistees, 
and  a  copy  having  the  certificate  of  the  trustees  is  to  be  delivered  to  the  libra- 
rian for  his  indemnity. 

2.  Whenever  books  are  added  to  the  library,  a  catalogue,  with  a  similar 
receipt  by  the  librarian,  is  to  be  delivered  to  the  trustees,  and  a  copy,  with  a 
certificate  of  the  trustees  that  it  is  a  copy  of  the  catalogue  delivered  them  by 
the  librarian,  is  to  be  furnished  to  him.  Every  catalogue  received  by  trustees 
is  to  be  kept  by  them  carefully  among  the  papers  of  the  district,  and  to  be 
delivered  to  their  successors  in  office. 

3.  Whenever  a  ncAv  librarian  shall  be  chosen,  all  the  books  are  to  be  called 
in.  For  this  purpose  the  lil^rarian  is  to  refuse  to  deliver  out  any  books  ior 
fourteen  days  preceding  the  time  so  prescribed  for  collecting  them  together. 
At  these  periods,  they  must  make  a  careful  examination  of  the  books,  compare 
them  with  the  catalogue,  and  make  written  statements,  in  a  column  opposite 
the  name  of  each  book,  of  its  actual  condition,  whether  lost  or  present,  and 
whether  in  good  order  or  injured,  and,  if  injured,  specifying  in  general  terms 
the  extent  of  such  injury.  This  catalogue,  with  the  remarks,  is  to  be  delivered 
to  the  successors  of  the  trustees,  to  be  kept  by  them  ;  a  copy  of  it  is  to  be  made 
out  and  delivered  to  the  new  librarian,  with  the  library,  by  whom  a  receipt,  in 
the  form  above  prescribed,  is  to  be  given,  and  to  be  delivered  to  the  trustees. 
Another  copy,  certified  by  them  as  before  mentioned,  is  to  be  delivered  to  the 
librarian. 

4.  Trustees,  on  coming  into  office,  are  to  attend  at  the  library  for  the  purpose 
of  comparing  the  catalogue  with  the  books.  The}''  are  at  all  times,  when  they 
think  proper,  and  especially  on  their  coming  into  office,  to  examine  the  books 
carefully,  and  note  such  as  are  missing  or  injured.  For  every  book  that  is 
missing,  the  librarian  is  accountable  to  the  trustees  for  the  full  value  thereof, 
and  for  the  whole  series  of  which  it  formed  a  part ;  such  value  to  be  determined 
by  the  trustees.  He  is  accountable,  also,  for  any  injury  which  a  book  may 
appear  to  have  sustained  by  being  soiled,  defaced,  torn  or  otherwise.  And  ho 
can  be  relieved  from  such  accountability  only  by  the  trustees,  on  its  being 
satisfactorily  shown  to  them  that  some  inhabitant  of  the  district  has  been 
charged  or  is  chargeable  for  the  books  so  missing,  or  for  the  amount  of  the 
injury  so  done  to  any  work.  It  is  the  duty  of  the  trustees  to  take  prompt  and 
efficient  measures  for  the  collection  of  the  amount  for  which  any  librarian  is 
accountable. 

5.  The  librarian  must  cause  to  be  pasted  in  each  book  belonging  to  the 
library  a  printed  or  written  label,  or  must  write  in  the  first  blank  leaf  of  each 
book,  specifying  that  tlu;  book  belongs  to  the  library  of  school  district  No. 

in  the  town  of  ,  naming  the  town  and  giving  the  number  of  the  district ; 

and  he  is  on  no  account  to  deliver  out  any  book  which  has  not  such  printed  or 
•written  declaration  in  it.     He  is  also  to  cause  all  the  books  to  be  covered  with 


Libraries  axd  Library  Moneys. 


207 


Btrong  wrapping  paper,  on  tlic  back  of  ■\vliicli  is  to  be  -written  tlie  title  of  the 
book,  and  its  number  in  large  figures.  As  new  books  are  added,  the  numbers 
are  to  be  continued,  and  they  are  in  no  case  to  be  altered  ;  so  that  if  a  book  be 
lost,  its  number  and  title  must  still  be  continued  on  the  catalogue,  with  a  note 
that  it  is  missing. 

The  librarian  must  keep  a  blank  book,  that  may  be  made  by  stitching 
together  half  a  dozen  or  more  sheets  of  writing  paper.  Let  those  be  ruled 
across  the  width  of  the  paper,  so  as  to  leave  five  columns  of  the  proper  size  for 
the  following  entries,  to  be  written  lengthwise  of  the  paper :  In  the  first 
column,  the  date  of  the  delivery  of  any  book  to  any  inhabitant ;  in  the  second, 
the  title  of  the  book  delivered,  and  its  number ;  in  the  third,  the  name  of  the 
person  to  whom  delivered  ;  in  the  fourth,  the  date  of  its  return  ;  and  in  the  fifth, 
remarks  respecting  its  condition,  in  the  following  foi-m ; 


Time  of  Delivery. 

Title  and  No.  Book. 

To  whom. 

When  Returned. 

Condition. 

1839,  June  10. 

History  of  Va.  43. 

T.  Jones. 

20th  June. 

Good. 

As  it  will  be  impossible  for  the  librarian  to  keep  any  trace  of  the  books 
■without  such  minutes,  his  own  interest  to  screen  himself  from  responsibility, 
as  well  as  his  duty  to  the  public,  will,  it  is  to  be  hoped,  induce  him  to  be  exact 
in  making  his  entries  at  {he  time  any  book  is  delivered,  and,  when  it  ia 
returned,  to  be  equally  exact  in  noticing  its  condition,  and  making  the  proper 
minute. 

A  fair  copy  of  the  catalogue  should  be  kept  by  the  librarian,  to  be  exhibited 
to  those  who  desire  to  select  a  book ;  and,  if  there  be  room,  it  should  bo 
fastened  on  the  door  of  the  case. 


REGULATIONS  CONCERNING  THE  USE  OF  THE  BOOKS   IN   DISTRICT  LIBRARIES, 
PRESCRIBED  BY  THE   SUPERINTENDENT   OF  PUBLIC  INSTRUCTION. 

I.  The  librarian  has  charge  of  the  books,  and  is  responsible  for  their  preser- 
vation and  delivery  to  his  successor. 

II.  A  copy  of  the  catalogue  required  to  be  made  out  by  articles  one  and  two 
of  the  preceding  regulations  is  to  be  kept,  by  the  librarian,  open  to  the  inspec- 
tion of  the  inhabitants  of  the  district  at  all  reasonable  times.  It  will  be  found 
convenient  to  affix  a  copy  of  it  on  the  door  of  the  book-case  containing  tho 
library. 

III.  Books  are  to  be  delivered  as  follows : 

1.  Only  to  inhabitants  of  the  district  ; 

2.  Only  one  can  be  delivered  to  an  inhabitant  at  a  time ;  and  any  one  ha^^ng 
a  book  out  of  the  library  must  return  it  before  he  can  receive  another ; 

3.  No  person  upon  whom  a  fine  has  been  imposed  by  the  trustees,  under 
these  regulations,  can  receive  a  book  while  such  fine  remains  unpaid; 


208  Libraries  and  Library  Moneys. 

4.  A  person  under  age  cannot  be  permitted  to  take  out  a  book,  unless  he 
resides  with  some  responsible  inhabitant  of  the  district ;  nor  can  he  then  receive 
a  book,  if  notice  has  been  given  by  his  parent  or  guardian,  or  the  person  with 
whom  he  resides,  that  they  will  not  be  responsible  for  books  delivered  such 
minor ; 

5.  Each  individual  residing  in  the  district,  of  sufficient  age  to  read  the 
books  belonging  to  the  library,  is  to  be  regarded  as  an  inhabitant,  and  is  enti- 
tled to  all  the  benefits  and  privileges  conferred  by  the  regulations  relative  to 
district  libraries.  Minors  will  draw  in  their  own  names,  but  on  the  responsi- 
bility of  their  parents  or  guardians  ; 

6.  Where  there  is  a  sufficient  number  of  volumes  in  the  library  to  accommo- 
date all  residents  of  the  district  who  wish  to  borrow,  the  librarian  should 
permit  each  member  of  a  family  to  take  books,  as  often  as  desired,  so  long  as 
the  regulations  are  punctually  and  fully  observed.  But  where  there  are  not 
books  enough  to  supply  all  the  borrowers,  the  librarian  should  endeavor  to 
accommodate  as  many  as  possible,  by  furnishing  each  family  in  proportion  to 
the  number  of  its  readers  or  borrowers. 

IV.  Every  book  must  be  returned  to  the  library  within  twenty  days  after  it 
shall  have  been  taken  out ;  but  the  same  inhabitant  may  again  take  it,  unless 
application  has  been  made  for  it  while  it  was  so  out  of  the  library  by  any  per- 
son entitled,  who  has  not  previously  borrowed  the  same  book,  in  which  case 
such  applicant  shall  have  a  preference  in  the  use  of  it.  And  where  there  have 
been  several  such  applicants,  the  preference  shall  be  according  to  the  priority 
in  time  of  their  applications,  to  be  determined  by  the  librarian.  Upon  applica- 
tion to  the  Superintendent,  the  time  for  keeping  books  out  of  the  library  will 
be  extended  to  a  period  not  exceeding  twenty-eight  days,  where  sufficient 
reasons  for  such  extension  are  shown. 

V.  If  a  book  be  not  returned  at  the  proper  time,  the  librarian  is  to  report  the 
fact  to'  the  trustees ;  and  he  must  also  exhibit  to  them  every  book  which  has 
been  returned  inj  ured,  by  soiling,  defacing,  tearing  or  in  any  other  way,  before 
such  book  shall  again  be  loaned  out,  together  wiih  the  name  of  the  inhabitant 
in  whose  possession  it  was  when  so  injured. 

VI.  The  trustees  of  school  districts  being,  by  virtue  of  their  office,  trustees 
of  the  library,  are  hereby  authorized  to  impose  the  following  fines : 

1.  For  each  day's  detention  of  a  book,  beyond  the  time  allowed  by  these 
regulations,  six  cents ;  but  not  to  bo  imposed  for  more  than  ten  days 
detention  ; 

2.  For  the  destruction  or  loss  of  a  book,  a  fine  equal  to  the  full  value  of  the 
book,  or  of  the  set,  if  it  be  one  of  a  series,  with  the  addition  to  such  value  of 
ten  cents  for  each  volume.  And  on  the  payment  of  such  fine,  the  party  fined 
shall  be  entitled  to  the  residue  of  the  series.  If  he  has  also  boon  fined  for 
detaining  such  book,  then  the  said  ten  cents  sliall  not  be  added  to  the  value ; 

3.  For  any  injury  which  a  book  may  sustain  after  it  shall  be  taken  out  by  a 
borrower,  and  before  its  return,  a  fine  may  be  imposed  of  six  cents  for  every 
spot  of  grease  or  oil  upon  the  cover,  or  upon  any  leaf  of  the  volume;  for 
writing  in  or  defacing  any  book,  not  less  than  ten  cents,  nor  more  than  the 


Libraries  and  Library  Moneys.  209 

value  of  tlie  book  ;  for  cutting  or  taaring  the  cover  or  the  binding,  or  any  leaf 
not  less  than  ten  cents,  nor  more  than  the  value  of  the  Iwok ; 

4.  If  a  leaf  be  torn  out,  or  so  defaced  or  mutilated  that  it  cannot  be  read, 
or  if  any  thing  be  written  in  the  volume,  or  any  other  injury  done  to  it  which 
renders  it  unfit  for  general  circulation,  the  trustees  will  consider  it  a  destruc 
tion  of  the  book,  and  shall  impose  a  fine  accordingly,  as  above  provided  in 
case  of  loss  of  a  book  ; 

5.  When  a  book  shall  have  been  detained  seven  days  beyond  the  twenty 
days  allowed  by  these  regulations,  the  librarian  shall  give  notice  to  the  bor- 
rower to  return  the  same  within  three  days.  If  not  returned  at  that  time,  the 
trustees  may  consider  the  book  lost  or  destroyed,  and  may  impose  a  fine  for  its 
destruction,  in  addition  to  the  fines  for  its  detention. 

VII.  But  the  imposition  of  a  fine,  for  the  loss  or  destruction  of  a  book,  shall 
not  prevent  the  trustees  from  recovering  such  book  in  an  action  of  replevin* 
unless  such  fine  shall  have  been  paid. 

VIII.  When,  in  the  opinion  of  the  librarian,  any  fine  has  been  incurred  by 
any  person  under  these  regulations,  he  may  refuse  to  deliver  any  book  to  tho 
party  liable  to  such  fine,  until  the  decision  of  the  trustees  upon  such  liability 
be  had. 

IX.  Previous  to  the  imposition  of  any  fine,  two  days'  written  or  verbal 
notice  is  to  be  given  by  any  trustee  or  the  librarian,  or  any  other  person 
authorized  by  either  of  them,  to  the  person  charged,  to  show  cause  why  he 
should  not  be  fined  for  the  alleged  offense  or  neglect ;  and  if,  within  that  time, 
good  cause  be  not  shown,  the  trustees  shall  impose  the  fine  herein  prescribed. 
No  other  excuse  for  an  extraordinary  injury  to  a  book,  that  is,  for  such  an 
injury  as  would  not  be  occasioned  by  its  ordinary  use,  should  be  received,  than 
the  fact  that  the  book  was  as  much  injured  when  it  Avas  taken  out,  by  the  per- 
son charged,  as  it  was  when  he  returned  it.  As  such  loss  must  fall  on  some 
one,  it  is  more  j  ust  that  it  should  be  borne  by  the  party  whose  duty  it  was  to 
take  care  of  the  volume  than  by  the  district.  Negligence  can  only  be  pre- 
vented, and  disputes  can  only  be  avoided,  by  the  adoption  of  this  rule.  Subject 
to  these  general  principles,  the  imposition  of  all  or  any  of  these  fines  is  discre- 
tionary with  the  trustees,  and  they  should  ordinarily  be  imposed  only  for  luillful 
or  culpably  negligent  injuries  to  books,  or  where  the  district  actually  sustains  a 
loss  or  serious  injury.  Reasonable  excuses  for  the  detention  of  the  books 
beyond  twenty  days  should  in  all  cases  be  received. 

X.  It  is  the  special  duty  rf  the  librarian  to  give  notice  to  the  borrower  of  a 
book  that  shall  be  returned  injured,  to  show  cause  why  he  should  not  be  fined. 
Such  notice  may  be  given  to  the  agent  of  the  borrower  who  returns  the  book, 
and  it  should  always  be  given  at  the  time  the  book  is  returned. 

XI.  Tlie  librarian  is  to  inform  the  trustees  of  every  notice  given  by  him  to 
show  cause  against  the  imposition  of  a  fine ;  and  they  shall  assemble  at  the 
time  and  place  appointed  by  him,  or  by  any  notice  given  by  them,  or  any  one 
of  them,  and  shall  hear  the  charge  and  defense.  They  are  to  keep  a  book  of 
minutes,  in  which  every  fine  imposed  by  them,  and  the  cause,  shall  be  entered 
and  signed  by  them,  or  the  major  part  of  them.     Such  original  minutes,  or  a 

27 


210  LicKAEiES  AND  Library  Moxeys, 

copy  certified  by  them,  or  the  major  part  of  them,  or  by  tlie  clerk  of  the 
district,  shall  be  conclusive  evidence  of  the  fact  that  a  fine  was  imposed,  as 
stated  in  such  minutes,  according  to  these  regulations. 

XII.  It  shall  be  the  duty  of  trustees  to  prosecute  promptly  for  the  collection 
of  all  fines  impos,;d  by  them.  Fines  collected  for  the  detention  of  books,  or 
for  injuries  to  them,  are  to  be  applied  to  defray  the  expense  of  repairing  the 
books  in  the  library.  Fines  collected  for  the  loss  or  destruction  of  any  book,  or 
of  a  set  or  series  of  books,  shall  be  applied  to  the  purchase  of  the  same  or 
other  suitable  books. 

XIII.  These  regulations  being  declared  by  law  "  obligatory  upon  all  persons 
and  officers  having  charge  of  such  libraries,  or  using  or  possessing  any  of  the 
books  thereof,"  it  is  expedient  that  they  should  be  made  known  to  every 
borrower  of  a  book.  And  for  that  purpose,  a  printed  copy  is  to  be  affixed  con- 
spicuously on  the  case  containing  any  library,  or  on  one  of  such  cases  if  there 
be  several,  and  the  librarian  is  to  call  the  attention  to  them  of  every  person, 
on  the  first  occasion  of  his  taking  out  a  book. 

The  offices  of  trustee  and  librarian  arc  incompatible,  and  cannot  bo  held  by 
the  same  person. 


§  12.  The  Superintendent  of  Public  Instruction,  whenever  he 
may  deem  proper,  may  require  the  trustees  of  any  such  library  to 
make  to  him,  or  to  the  school  commissioner,  a  report  showing  the 
contents  and  condition  of  the  library,  the  fines  imposed,  and  any 
other  information  which  he  may  deem  proper  touching  the  library 
or  its  management,  and  shall  prescribe  the  form,  contents  and 
authentication  of  such  report.  And  may  impose  it  as  a  duty  upon 
the  teacher  employed  in  any  district,  under  the  direction  of  the 
trustees,  to  assist  them  in  making  such  examination,  and  when 
such  direction  is  given,  the  teacher  may  close  the  school  one  day 
for  tlie  purpose  of  making  such  examination,  and  the  same  shall 
not  be  accounted  as  lost  time. 

§  13.  If  any  such  trustees  willfully  neglect  or  refuse  to  make 
any  such  report,  tlie  Supci-intcndcut  sliall  cause  all  librarj'  moneys 
to  be  withholden  from  the  district  until  the  report  be  made  and 
considered  by  him,  and  such  moneys  shall,  if  he  see  cause,  be  for- 
feited by  the  district,  in  which  case  they  shall  be  apportioned 
among  the  school  districts  of  the  county  in  which  the  library  is 
situated,  other  than  such  school  district.  And  any  trustee  or 
trustees,  tlirough  whose  neglect  or  refusal  such  moneys  shall  be 
lost  to  the  district,  shall  forfeit  and  pay  to  the  district  twice  the 
amount  of  such  moneys,  for  the  bcnc^fit  of  the  library  of  the  dis- 


Union  Free  Schools.  211 

trict,  and  sucli  forfeiture  may  l»e  vccovorcd  by  his  or  their  succes- 
sors in  office, 

§  14.  Tlie  Superintendent,  wliencver  thereto  requested  by  the 
trustees  of  any  district  school  library,  may  select  the  library  or 
books  for  the  library  of  the  district,  and  cause  the  same  to  be 
delivered  to  the  clerk  of  the  county. 

§  15.  The  act  entitled  "An  act  to  provide  for  the  distribution 
of  standai'd  works  of  American  authors  among  the  libraries  of  dis- 
trict schools,"  passed  April  twelfth,  eighteen  luindrcd  and  fifty- 
eix,  is  hereby  repealed. 

TITLE  IX. 

OF     UNION     FREE     SCHOOLS. 

Section  1.  Whenever  fifteen  persons  entitled  to  vote  at  any 
meeting  of  the  inhabitants  of  any  school  district  in  the  State  shall 
sign  a  call  for  a  meeting,  to  be  held  for  the  purpose  of  determining 
whether  a  union  free  school  shall  be  established  therein,  in  con- 
formity willi  the  provisions  of  this  title,  it  shall  be  the  duty  of  the 
trustees  of  such  disti-ict,  within  ten  days  after  such  call  shall  have 
been  presented  to  them,  to  give  public  notice  that  a  meeting  of  the 
inhabitants  of  such  district,  entitled  to  vote  thereat,  will  be  held 
for  such  purpose  as  aforesaid,  at  the  school-house,  or  other  more 
suitable  place,  in  such  district,  on  a  day  and  at  an  hour  in  such 
notice  to  be  specified,  not  more  than  twenty  days  after  the  publi- 
cation of  such  notice.  If  the  trustees  shall  refuse  to  give  such 
notice,  or  shall  neglect  to  give  the  same  ibr  twenty  days,  the 
Superintendent  of  Public  Instruction  may  authorize  and  direct  any 
inhabitant  of  said  district  to  give  the  same.  The  qualifications  of 
the  iuliabitants  entitled  to  vote  at  such  meetings,  as  now  by  lavsr 
expressed,  sliall  be  sufficiently  set  forth  in  the  notice  aforesaid. 

Tliis  title  is  an  amendment  of  chapter  433  of  the  Session  Laws  of  1853.  Its 
object  waaJio  promote  the  consolidation  of  districts,  and,  by  uniting  propertj 
and  numbers,  to  improve  the  schools.  The  Legislature,  by  this  act,  gave  to  tho 
people  of  any  district  the  right  to  have  free  schools,  or  to  the  people  of  two  or 
more  districts  the  right  to  unite  and  have  free  schools  upon  the  conditions  pre- 
scribed. The  law  has  worked  satisfactorily,  and  has  greatly  promoted  the  causo 
of  free  schools,  by  educating  a  public  opinion  in  their  favor. 

The  form  of  the  call  by  the  inhabitants  maybe  as  follows;  "The  under- 
signed, inhabitants  of  scliool  district  No.        ,  in  the  town  of  ,  entitled  to 


212  Union  Free  Schools. 

vote  at  any  meetings  of  the  inhabitants  of  said  district,  hereby  call  for  a 
meeting,  to  be  held  for  the  purpose  of  determining  by  a  vote  of  such  district 
whether  an  union  free  school  shall  be  established  therein,  in  conformity  to  the 
provisions  of  chapter  555  of  the  Laws  of  1864." 

This,  being  first  signed  by  at  least  fifteen  qualified  voters,  should  be  deliv- 
ered to  the  trustees.  The  notice  to  be  given  by  the  trustees  should  consist, 
first,  of  a  copy  of  the  call  and  of  the  signatures  thereto,  after  which  the  notice 
ehould  proceed  as  follows  : 

"  The  undersigned,  trustees  of  school  district  No.  ,  in  the  town  of  ,  in 
compliance  with  a  call  of  fifteen  (or  more  than  fifteen)  persons,  entitled  to  vote 
at  any  meeting  of  the  inhabitants  of  said  district,  of  which  the  above  is  a  copy, 
hereby  give  notice  that  a  meeting  of  the  inhabitants  of  said  district,  entitled 
to  vote  thereat,  viz.,  every  male  person  of  full  age,  residing  therein,  and  enti- 
tled to  hold  lands  in  this  State,  who  owns  or  hires  real  property  in  such  district, 
subject  to  taxation  for  school  purposes  ;  every  resident  of  such  district  author- 
ized to  vote  at  town  meetings  of  the  town  of  (in  a  joint  district,  say  either 
of  the  towns,  of  or  ),  who  owns  any  personal  property  liable  to  be 
taxed  for  school  purposes  in  said  district  exceeding  fifty  dollars  in  value,  exclu- 
sive of  such  as  is  exempt  from  execution,  or  who  has  permanently  residing 
with  him  a  cliild  or  children  of  school  age,  some  one  or  more  of  whom  shall 
have  attended  the  district  school  for  a  period  of  at  least  eight  weeks  in  the 
year  preceding  the  date  at  which  said  meeting  is  to  be  held,  will  be  held  at 
(the  school-house  or  other  more  suitable  place)  on  the  day  of 
next,  at  o'clock  in  the  noon,  for  the  purpose  of  determining  by  a  vote 
of  such  district  whether  an  union  free  school  shall  be  established  therein,  in 
conformity  to  the  provisions  of  chapter  555  of  the  Laws  of  1864,  and  the 
amendments  thereof.     Dated  this                   day  of  ,  186  . 

(Signed)         A.  B.,1   T)-mtees  of  District 
C.  D.,  y  No.  in  the 

E.  F., )  town  of 

The  day  to  be  specified  in  the  notice  must  be  not  more  than  twenty  days 
after  the  first  posting  of  the  notices. 


§  2.  The  notice  aforesaid,  and  at  least  five  written  or  printed 

n^^  copies  tliereof,  shall   be  severally  posted  at  various  conspicuous 

^      places  in,  and  may  also  be  published  in  any  newspaper  circulating 

,lj,     within,  such  district.     The  trustees  of  such  district  shalj^uthorize 

and  require  any  taxable  inhabitant  of  the   same  to  notify  every 

other  inhabitant  (qualified  to  vote  as  aforesaid),  of  such  meeting, 

to  be  calU'il   as  aforesaid,  who  shall  give  such  notification  in  the 

manner,   and   subject   to   the   ])enalty   prescribed   in   the   case  of 

the  formation  of  new  school  districts,  by  title  7  of  this  act. 


Union  Free  Schools.  213 

Besides  postingf  tlic  original  notice,  and  five  copies  in  so  many  conspicuous 
places  in  the  district  (which  may  be  done  by  the  trustees),  they  may  require 
any  taxable  inhabitant  to  j^ivc  such  notice  as  is  required  by  section  0  of  title  7, 
under  a  penalty  of  five  dollars  for  refusal,  as  provided  by  section  5  of  the  same 
title. 

§  3.  The  reasonable  expense  of  such  notices,  and  of  their  publi- 
cation and  service,  shall  be  chargeable  upon  the  district,  in  case  a 
■anion  free  school  is  established  by  the  meeting  so  convened,  to  bo 
levied  and  collected  by  the  trustees,  as  in  cases  of  taxes  now 
levied  for  school  purposes;  but  in  the  event  that  such  union  free 
Bcliool  shall  not  be  established,  then  the  said  expense  sliall  bo 
chargeable  upon  the  inhabitants  signing  the  call,  jointly  and 
severally,  to  be  sued  for  if  necessary  in  any  court  having  jurisdic- 
tion of  the  same. 

§  4.  Whenever  fifteen  persons,  entitled  as  aforesaid,  from  each 
of  two  or  more  adjoining  distiicts,  shall  unite  in  a  call  for  a  meet- 
ing of  tlie  inhabitants  of  such  districts,  to  determine  whether  such 
districts  shall  be  consolidated  by  the  establishment  of  a  union  free 
school  therefor  and  therein,  it  shall  be  the  duty  of  the  trustees  of 
such  districts,  or  a  majority  of  them,  to  give  like  public  notice 
of  such  meeting,  at  some  convenient  place  within  such  districts, 
and  as  central  as  may  be,  Avithin  the  time,  and  to  be  published  and 
served  in  the  manner  set  forth  in  the  second  section  of  this  title, 
in  each  of  such  districts.  The  reasonable  expenses  of  preparing, 
publishing  and  serving  such  notices,  shall  be  chargeable  upon  the 
union  free  school  district,  and  be  collected  by  tax,  if  a  union  free 
school  shall  be  established  pursuant  to  such  call;  but  otheiAvise 
the  signers  of  the  call  shall  be  jointly  and  severally  liable  for  such 
expenses.  The  Superintendent  of  Public  Instruction  may  order 
such  meeting,  under  the  conditions  and  in  the  manner  prescribed 
in  the  first  section  of  this  title. 

The  form  of  the  call  under  this  section  may  be  the  same  as  that  above  given 
Tinder  section  one  of  this  title,  except  that  it  should  expressly  call  "  for  the  con- 
Bolidation  ot  said  districts  (the  numbers  of  which  will  be  previously  stated)  and 
for  a  meeting,"  etc.  It  must  be  signed  by  at  least  thirty,  or,  if  it  is  proposed  to 
consolidate  three  districts,  by  forty-five  persons,  fifteen  of  whom  must  be  quali- 
fied voters  in  each  of  the  districts.  Where  there  are  less  than  fifteen  voters  in 
any  one  of  these  districts,  the  requirements  of  the  law  will  be  satisfied  if  all  the 
voters  of  such  district  sign  the  call.    The  trustees  of  each  district  should  appoint 


214  Union  Free  Schools. 

a  taxable  inhabitant  to  give  personal  notice  therein  ;  and  an  original  and  five 
copies  of  the  call  and  notice  should  be  posted  in  each  of  the  districts,  signed  hj 
a  majority  of  the  board  composed  of  the  trustees  of  all  the  districts  to  which  the 
notice  relates.  The  place  of  meeting  may  be  in  either  district.  It  is  important 
that  the  original  call  and  notices  should  be  preserved,  to  be  filed  with  the  cer- 
tified copy  of  the  minutes  in  the  town  clerk's  office.  If  the  proposed  consoli- 
dated district  includes  parts  of  more  than  one  county,  the  call  and  notices  should 
be  signed  in  duplicate. 

It  is  important  that  it  should  appear  from  the  proceedings  of  the  meeting 
that  at  least  one-third  of  the  inhabitants  of  eaclt,  district  concerned  are  present. 
For  this  purpose,  as  soon  as  the  meeting  is  organized  by  the  election  of  a  chair- 
man and  secretary,  the  clerk  of  each  district,  or  the  inhabitant  required  to  give 
notice  therein,  should  make  a  return,  specifying  the  names  of  the  voters  in  his 
district,  which  should  be  read  by  the  secretary,  and  the  names  of  those  present 
from  each  district  entered  upon  his  minutes. 

The  numbers  and  constitution  of  the  meeting  being  thus  ascertained,  and 
found  to  be  sufficient  to  give  jurisdiction  of  the  subject,  the  question  should  be 
broiight  before  it  by  a  resolution  that  "  a  union  free  school  be  established 
within  the  limits  of  districts  No.  ,  in  the  town  of  ,  and  No.  , 

in  the  town  of  ,  pursuant  to  the  provisions  of  chapter  555  of  the  Laws  of 

1864  and  the  amendments  thereof."  The  meeting  may  adjourn  from  time  to 
time  by  the  vote  of  a  majority  of  those  present,  although  less  than  one-third 
of  the  inhabitants,  for  not  more  than  ten  days  at  each  time.  At  any  such 
adjourned  session  the  question  may  be  taken  on  the  resolution  above  men- 
tioned; but  when  it  has  once  been  decided  in  the  negative,  by  failing  to 
receive  a  two-third  vote,  no  further  proceedings  are  in  order  except  a  motion 
to  adjourn  without  day,  or  a  motion  to  reconsider,  which  latter  motion  may 
be  carried  by  a  majority  vote,  and  the  session  may  then  be  adjourned.  On 
the  reconsideration,  at  the  adjourned  meeting,  if  the  resolution  should  bo 
again  lost,  all  further  proceedings  are  to  be  suspended  for  one  year. 

If  the  resolution  to  establish  a  free  school  shall  pass  the  meeting,  it  should 
next  fix  upon  the  number  of  trustees  to  constitute  the  board  of  education.  As 
the  statute  has  made  no  provision  for  subsequently  increasing  or  diminishing 
the  number  of  the  board,  it  should  not  be  fixed  without  mature  deliberation. 
It  may  be  a  number  not  divisible  by  three,  as  five  or  seven,  and  in  such  case 
the  meeting  may  di\ide  them  into  unequal  classes,  by  a  resolution  which 
eliould  be  adopted  before  proceeding  to  an  election. 

The  law  is  silent  about  the  manner  of  taking  the  vote.  It  may,  therefore,  be 
by  calling  the  ayes  and  noes,  or  by  the  raising  of  hands,  or  by  a  division  of  the 
house  and  count.  All  that  is  required  is  that  one-third  of  the  legal  voters  shall 
be  present,  and  that  two-thirds  of  those  present  and  voting  shall  be  in  the 
affirmative.  A  vote  by  acclamation  would  not  be  considered  a  compliance  with 
the  law,  for  want  of  certainty. 

§  5.  Any  such  meeting,  held  as  aforesaid,  shall  be  organized  by 
the   appointment  of  a  chairman  and   secretary,  and  may  be  ad- 


Union  Free  Schools.  216 

jonvnocl  from  time  to  time  by  a  majority  vote,  provided  any  such 
adjournment  sliall  not  be  for  a  longer  period  than  ten  days ;  and, 
at  any  such  meeting,  where  at  least  one-third  of  the  legal  voters 
of  such  districtj  or  of  each  of  sucli  districts  (to  determine  which  the 
lists  of  such  voters  made  out  by  the  clerks  of  such  districts  respect- 
ively, or  other  person  who  shall  be  especially  designated  to  serve 
the  notice  aforesaid  and  to  make  such  lists,  shall  be  ^??v"«m  facie 
evidence) ;  whenever  the  question  whether  a  union  free  school  shall 
be  established,  in  pursuance  of  the  call  for  such  meeting,  shall  be 
determined  in  tlio  affirmative  by  a  two-thirds  vote  of  those  present 
and  voting,  it  shall  thereafter  be  lawful  for  such  meeting  to  pro- 
ceed to  the  election  by  ballot  of  not  less  than  three  nor  more  than 
nine  trustees,  who  shall,  by  the  order  of  such  meeting,  be  divided 
into  three  several  classes ;  the  first  class  to  hold  until  one,  the 
second  until  two  and  the  third  until  three  years  from  the  second 
Tuesday  in  October  coincident  with  or  following,  except  in  the 
cases  in  the  next  section  provided  for ;  and  when  the  trustees  so 
elected  shall  enter  upon  their  office,  the  office  of  any  existing  trus- 
tee or  trustees  shall  cease,  except  for  the  purposes  stated  in  section 
eleven  of  title  six  of  this  act.  The  said  trustees  and  their  succes- 
sors in  office  sh.all  constitute  a  bo.ard  of  education  of  and  for  the 
union  free  school  district  for  which  they  are  elected,  and  the  desig- 
nation of  such  district  as  union  free  school  district  number  ,  of 
the  town  of  ,  shall  be  made  by  the  school  commissioner 

having  jurisdiction  of  the  district;  and  the  said  board  shall  have 
the  name  and  style  of  the  board  of  education  of  (adding 

the  designation  aforesaid).  Copies  of  the  said  call,  minutes  of 
said  meeting  or  meetings,  duly  certified  by  the  chairman  and  sec- 
retary thereof,  shall  be  by  them,  or  either  of  them,  transmitted  and 
deposited,  one  to  and  with  the  town  clerk,  one  to  and  with  the 
school  commissioner  or  commissioners  in  whose  jurisdiction  said 
districts  are  located,  and  one  to  and  with  the  Superintendent  of 
Public  Instruction  ;  but  when,  at  any  such  meeting,  the  question 
as  to  the  establishment  of  a  union  free  school  shall  not  be  decided 
in  the  affirmative,  as  aforesaid,  then  all  further  proceedings  at  such 
meeting,  except  a  motion  to  reconsider  or  adjourn,  shall  be  dis- 
pensed with,  and  no  such  meeting  shall  be  again  called  within  one 
year  thereafter. 


216  Union  Fkee  Schools. 

Where  a  jvoint  meeting  is  lield,  at  wliicli  one-third  of  the  voters  of  each  dis- 
trict is  present,  the  union  free  school  organization  may  be  adopted  by  a  vote 
of  two-thirds  of  the  whole  number  of  voters  present  and  voting  at  such 
meeting. 

Where  a  board  of  education  is  elected  under  the  provisions  of  this  section, 
prior  to  the  second  Tuesday  of  October,  they  are  to  enter  upon  their  duties  at 
once,  but  their  terms  of  office  will  be  for  one,  two  and  three  years  from  the  suc- 
ceeding second  Tuesday  of  October. 

§  6.  Whenever  said  board  of  education  shall  be  constituted  for 
any  district  or  districts  whose  limits  correspond  with  those  of  any 
incorporated  village  or  city,  the  trustees  so  elected  shall,  by  the 
order  of  such  meeting,  be  divided  into  three  several  classes;  the 
first  class  to  serve  until  one,  the  second  until  two,  and  the  third 
until  three  years  after  the  day  of  the  next  charter  election  in  such 
village  or  city,  and  their  regular  term  of  service  shall  be  cora- 
pitted  from  the  several  days  of  such  charter  elections,  and  not 
from  the  second  Tuesday  in  October.  And  thereafter  there  shall 
be  annually  elected  in  such  villages  and  cities,  by  separate  ballot, 
to  be  indorsed  "  school  trustees,"  in  the  same  manner  as  the  charter 
officers  thereof,  trustees  of  the  said  union  free  schools  to  supply 
the  places  of  those  whose  terms  by  the  classification  aforesaid  are 
about  to  expire. 

§  7.  The  said  boards  of  education  are  hereby  severally  created 
bodies  corporate,  and  each  shall  at  its  first  meeting,  and  at  each 
annual  meeting  thereafter,  elect  one  of  their  number  president, 
another  the  clerk  thereof,  the  latter  of  whom  shall  also  be  the  gen- 
eral librarian  for  the  district.  In  districts  other  than  those  whose 
limits  correspond  with  those  of  any  city  or  incorporated  village,  said 
board  shall  have  power  to  appoint  one  of  the  taxable  inhabitants 
of  their  district  trensurcr,  and  another  collector  of  the  moneys  to 
be  raised  Avithin  the  same  for  school  purposes,  who  shall  severally 
hold  such  appointments  during  the  pleasure  of  the  board.  Such 
treasurer  and  collector  shall  each,  and  within  ten  days  after  notice 
in  Avriting  of  his  appointment,  duly  served  upon  him,  and  before 
entering  upon  the  duties  of  his  office,  execute  and  deliver  to  the 
said  board  of  education  a  bond,  M'ith  such  sufficient  jx'nalty  and 
sureties  as  the  board  may  require,  conditioned  for  the  faithful  dis- 
charge of  (lie  tluties  of  his  office.  And  in  case  such  bond  shall  not 
be  given  within  the  time  specified,  such  office  shall  thereby  become 


Union  Free  Schools.  217 

vacant,  and  said  board  shall  thereupon,  by  appointment,  supply- 
such  vacancy. 

A  member  of  the  board  of  education  cannot  serve  as  treasurer  nor  collector. 

§  8.  The  corporate  authorities  of  any  incorporated  village  or  city, 
in  which  any  such  union  free  school  shall  be  established,  shall  have 
I)ower,  and  it  shall  be  their  duty  to  raise,  from  time  to  time,  by 
tax,  to  be  levied  upon  all  the  real  and  person:d  property  in  said 
city  or  village,  as  by  law  provided  for  the  defraying  of  the  expenses 
of  its  municipal  government,  such  sum  or  sums  as  the  board  of 
education  established  therein  shall  declare  necessary  for  the  further- 
ance of  any  of  the  powers  vested  in  them  by  law.  The  sums  so 
declared  necessary  shall  be  set  forth  in  a  detailed  statement  in 
■writing,  addressed  to  the  corporate  authorities  by  the  board  of 
education,  giving  the  various  purposes  of  anticipated  expenditure, 
and  the  amount  necessary  for  each  ;  and  the  said  cor2:)orate  author- 
ities shall  have  no  power  to  withhold  the  sums  so  declared  to  be 
necessary  for  teachers'  wages  and  the  ordinary  contingent  expenses 
of  supporting  the  school  or  schools  of  said  district. 

This  section  implies  that  tlie  "  detailed  statement "  shall  be  an  estimate  to 
be  presented  to  the  village  or  city  authorities,  before  the  board  of  education  has 
incurred  the  expenses. 

What  are  the  "ordinary  contingent  expenses"  may  be  a  subject  of  dispute, 
but  they  will  necessarily  include  fuel,  cleaning,  repairs,  furniture  to  replace 
Ml  at  lias  been  broken  or  worn  out,  and  similar  expenditures. 

If  such  questions  arise  in  any  district,  and  cannot  be  settled  by  the  inhabit- 
ants, they  are  to  be  referred  to  the  Superintendent  under  section  18  of  this  title. 

It  would  seem  also  that  the  law  must  be  held  to  apply  only  to  such  districts 
as  arc  coincident,  or  correspondent,  in  boundaries  with  the  corporate  limits  of 
cities  or  villages. 

§  9.  In  case  the  corporate  authorities  shall  refuse  to  provide  for 
any  or  all  of  the  other  purposes  of  expenditure  declared  necessary 
in  the  statement  aforesaid,  they  shall  communicate  in  writing  to 
the  said  board  of  education  their  objections  to  each  and  every 
expenditure  which  they  refuse  to  allow,  and  thereupon  the  said 
board  of  education  shall  cause  the  said  communication  to  be  pub- 
lished six  times  in  at  least  one  paper  published  or  circulating  in 
such  district,  and  the  said  corporate  authorities  may,  at  any  time, 
reconsider  their  action  in  refusing  to  allow  such  expenditures,  or 
28 


218  Uniox  Ff.ee  Schools. 

any  of  them,  or  may  allow  such  other  sums  for  any  or  all  of  such 
expenditures  as  the  board  of  education,  in  any  subsequent  or  modi- 
fied statement,  may  recommend.  The  annual  meeting  of  the  board 
of  education  of  every  union  free  school  district  shall  be  held  on  the 
third  Tuesday  of  October  in  each  year. 

§  10.  A  majority  of  the  voters  of  any  union  free  school  district 
otlier  than  those  whose  limits  correspond  with  an  incorporated  city 
or  village,  present  at  any  annual  or  special  district  meeting,  duly 
convened,  may  authorize  such  acts,  and  vote  such  taxes  as  they 
shall  deem  expedient  for  making  additions,  alterations  or  improve- 
ments to  or  in  the  sites  or  structures  belonging  to  the  district,  or 
for  the  purchase  of  other  sites  or  structures,  or  for  the  erection  of 
new  buildings,  or  for  buying  apparatus  or  fixtures,  or  for  paying 
the  wages  of  teachers  and  the  necessary  expenses  of  the  school,  or 
for  such  other  purpose  relating  to  the  supjDort  and  welfore  of  the 
school  as  they  may,  by  resolution,  approve  ;  and  they  may  direct 
the  moneys  so  voted  to  be  levied  in  one  sum,  or  by  installments ; 
and  the  board  of  education  shall  make  out  their  tax  list,  and  attach 
their  warrant  thereto,  in  the  manner  provided  in  article  seven  of 
title  seven  of  this  act,  for  the  collection  of  school  district  taxes, 
and  shall  cause  such  taxes  or  such  installments  to  be  collected  at 
euch  times  as  they  shall  become  due.  No  vote  to  raise  money  shall 
be  rescinded,  nor  the  amount  thereof  be  I'cduced  at  any  subsequent 
meeting,  unless  the  same  be  done  within  ten  days  after  the  same 
shall  have  been  first  voted. 

This  section  must  be  understood  as  intending  to  confer  upon  the  inhabitants, 
assembled  in  district  mcetrng,  powers  additional  to  those  which  they  would 
have  possessed  under  the  general  law,  if  they  had  not  organized  a  free  school 
district.  It  gives  them  the  power  to  raise  such  sums  as  they  may  deem  expe- 
dient, without  limitation  as  to  the  amount  for  making  additions  and  improve- 
ments to  sites,  buildings,  fixtures  and  apparatus.  These  are  mere  investments 
of  money  for  permanent  objects,  which  remain  as  a  part  of  the •caj!>!'to^  of  the 
district,  and  are  in  their  nature  different  from  those  expenditures  which  disap- 
pear in  the  using,  and  leave  nothing  behind  capable  of  sale,  and  thereby  of 
replacing  their  original  cost.  There  is  no  reason  in  law  or  in  the  grammatical 
construction  of  the  act  for  supposing  that,  in  regard  to  raising  money  for  these 
Bpecially  enumerated  objects,  any  other  rule  is  to  prevail  than  that  of  the  com- 
mon law,  which  makes  a  majority  vote  equivalent  to  a  unanimous  one. 

In  the  vote  authorizing  a  tax,  the  inhabitants  may  direct  at  what  time  and 
by  what  installments  it  shall  be  raised.  The  svmis  and  periods  may  be  equal 
or  unequal  in  their  discretion. 


Union  Free  Schools.  219 

§  11.  Any  moneys  required  to  pay  teachei-.s'  wages,  in  a  union 
free  school,  or  in  tlie  ncadeniical  department  thereof,  iifter  the  duo 
application  of  the  school  moneys  thereto,  shall  be  raised  by  tax, 
and  not  by  rate  bill. 

§  12.  Every  union  free  school  district  shall,  for  all  the  purposes 
of  the  apportionment  and  distribution  of  school  moneys,  be 
regarded  and  recognized  as  a  school  district. 

§  la.  The  said  board  of  education  of  every  union  free  school 
district  shall  severally  have  power: 

1.  To  pass  such  by-laws  as  they  may  deem  proper  for  the  regu- 
lation and  exercise  of  their  lawful  business  and  powers; 

2.  To  establish  such  rules  and  regulations  concerning  the  order 
and  discij>line  of  the  school  or  schools,  in  the  several  departments 
thereof,  as  they  may  deem  necessary  to  secure  the  best  educational 
results  ; 

3.  To  grade  and  classify  the  school  or  schools  of  the  district, 
and  to  regulate  the  admission  of  pupils  and  their  transfer  from  one 
class  or  department  to  another,  as  their  scholarship  shall  warrant; 

4.  To  prescribe  the  text-books  to  be  used  in  the  schools,  and  to 
compel  a  uniformity  in  the  use  of  the  same,  and  to  furnish  the 
same  to  pupils  out  of  any  moneys  provided  for  that  purpose ; 

5.  To  take  charge  and  possession  of  the  school-houses,  sites, 
lots,  furniture,  books,  apparatus,  and  all  school  property  within 
their  respective  districts  ;  and  the  title  of  the  same  shall  be  vested 
respectively  in  said  board  of  education,  and  the  same  shall  not  be 
subject  to  taxation  for  any  purpose  ; 

6.  To  take  and  hold  for  the  use  of  the  said  schools,  or  of  any 
department  of  the  same,  any  real  estate  transferred  to  it  by  gift, 
grant,  bequest  or  devise,  or  any  gift,  legacy  or  annuit)^,  of  whatever 
kind,  given  or  bequeathed  to  the  said  board,  and  apply  the  same, 
or  tlie  interest  or  proceeds  thereof,  according  to  the  instructions 
of  the  donor  or  testator  ; 

7.  To  have,  in  all  respects,  the  superintendence,  management 
and  control  of  the  said  union  free  schools,  and  to  establish  in  the 
same  an  academical  department,  whenever  in  their  judgment 
the  same  is  warranted  by  the  demand  for  such  instruction  ;  to 
receive  into  said  union  free  schools  any  pu])ils  residing  out  of  said 
districts,  and  to  regulate  and  establish  the  tuition  fees  of  such 
non-resident  pupils  in  the  several  departments  of  said  schools  ;  to 


220  Union  Feee  Schools. 

provide  fuel,  furniture,  apparatus,  and  other  necessaries  for  the 
use  of  said  schools,  and  to  appoint  sucli  librarians  as  they  may, 
from  time  to  time,  deem  necessary  ; 

8.  To  contract  with  and  employ  qualified  teachers  in  the  several 
departments  of  instruction,  in  all  not  less  than  one  for  every  fifty 
pupils  attending  such  schools  ;  to  remove  them  at  any  time  for 
neglect  of  duty  or  for  immoral  conduct,  and  to  pay  the  wages  of 
such  teachers  out  of  the  moneys  a^^propriated  for  that  purpose  ; 

9.  To  fill  any  vacancy  which  may  happen  in  said  board  by 
reason  ol  the  death,  removal  or  refusal  to  serve  of  any  member  or 
officer  of  said  board  ;  and  the  person  so  appointed  in  the  place  of 
any  such  member  of  the  board  shall  hold  his  office  until  the  next 
election  of  trustees,  as  by  this  act  provided  ; 

10.  To  remove  any  member  of  their  board  for  official  miscon- 
duct. But  a  written  copy  of  all  charges  made  of  such  misconduct 
shall  be  served  upon  him  at  least  ten  days  before  the  time  appointed 
for  a  hearing  of  the  same  ;  and  he  shall  be  allowed  a  full  and  fair 
oj^portunity  to  refute  such  charges  before  removal ; 

11.  And  generally  to  possess  all  the  powers  and  privileges,  and 
be  subject  to  all  the  duties  in  respect  to  the  schools,  or  the  com- 
mon school  departments  in  any  union  free  school  in  said  districts, 
which  the  trustees  of  common  schools  now  possess  or  are  subject 
to,  not  inconsistent  with  the  provisions  of  this  title ;  and  to  enjoy, 
whenever  an  academical  department  shall  be  by  them  established, 
all  the  immunities  and  privileges  now  enjoyed  by  the  trustees  of 
academies  in  this  State. 

Such  exposition  as  may  be  required  of  the  power  and  duties  of  the  board  of 
education,  under  this  section,  will  be  found  in  the  precedintr  pages  under  the 
similar  provisions  of  the  {general  law  relating  to  the  different  school  officers. 
Tinder  the  eleventh  subdivision  it  is  the  duty  of  the  board  of  education  to  make 
an  annual  report  to  the  school  commissioner,  and  to  submit  an  annual  account 
to  the  inhabitants  assembled  in  district  meeting,  in  the  same  manner  as  the 
trustees  of  ordinary  districts.  Such  reports  should  be  adopted  at  a  meeting  of 
the  board,  and  authenticated  by  the  signature  of  its  president  and  secretary. 

Trustees  of  these  districts  are  not  prohibited  from  employing  teachers  related 
to  them  within  two  degrees. 

§  14.  In  union  free  school  districts  other  than  those  whose  limits 
correspond  with  any  city  or  incorporated  village,  the  board  of  edu- 
cation shall  Iiave  power  to  call  special  meetings  of  the  inhabitants, 

\ 


Union  Fkee  Schools.  221 

in  the  manner  provided  in  section  six  of  title  seven  of  this  act  for 
calling  special  meetings  of  districts  by  trustees,  and  they  shall  give 
notice  of  the  time  and  place  of  holding  the  annual  school  district 
meeting,  which  shall  be  held  on  the  second  Tuesday  of  October  in 
each  year. 

§  15.  It  shall  be  the  duty  of  the  board  at  the  annual  meeting  of 
the  district,  besides  any  other  report  or  statement  required  by  law, 
to  present  a  detailed  statement  in  writing  of  the  amount  of  money 
which  will  be  required  for  the  ensuing  year  for  school  purposes 
exclusive  of  the  public  moneys,  specifying  the  several  purposes  for 
which  it  will  be  required,  and  the  amount  for  each,  but  nothing  in 
this  section  contained  shall  be  construed  to  prevent  the  board  from 
presenting  such  statement  at  any  special  meeting  called  for  the 
purpose,  nor  from  presenting  a  supplementary  and  amended  state- 
ment or  estimate  at  any  time. 

§  l(j.  After  the  presentation  of  such  a  statement,  the  question 
shall  be  taken  upon  voting  the  necessary  taxes  to  meet  the  esti- 
mated expenditures,  and,  when  demanded  by  any  voter  present, 
the  question  shall  be  taken  upon  each  item  separately,  and  the 
inhabitants  may  increase  the  amount  of  any  estimated  expendi- 
tures or  reduce  the  same,  except  for  teachers'  wages,  and  the  ordi- 
nary contingent  expenses  of  the  school  or  schools. 

§  17.  If  the  iidiabitants  shall  neglect  or  refuse  to  vote  the  sum 
or  sums  estimated  necessary  for  teachers'  wages,  after  applying 
thereto  the  public  school  moneys,  and  other  moneys  received  or 
to  be  received  for  that  purpose,  provided  such  estimate  shall  be 
for  no  more  than  one  teacher  for  each  fifty  pupils  attending  such 
school,  or  if  they  shall  neglect  or  refuse  to  vote  the  sum  or  sums 
estimated  necessary  for  ordinary  contingent  expenses,  the  board 
of  education  may  levy  a  tax  for  the  same,  in  like  manner  as  if  the 
same  had  been  voted  by  the  inhabitants. 

§  18.  If  an)"-  question  shall  arise  as  to  what  are  ordinary  contin- 
gent expenses,  the  same  may  be  referred  to  the  Superintendent  of 
Public  Instruction,  by  a  statement  in  writing,  signed  by  one  or 
more  of  each  of  the  opposing  parties  upon  the  question,  and  the 
decision  of  the  Superintendent  shall  be  conclusive. 

§  19.  It  shall  be  the  duty  of  each  of  the  said  boards  of  educa- 
tion, elected  pursuant  to  the  provisions  of  this  title,  to  have  a 
regular  meeting  at  least  once  in  each  quarter,  and  at  such  meetings 


222  Uniox  Fkee  ScnooLS. 

to  appoint  one  or  more  committees,  to  visit  every  scliool  or  depart- 
ment under  the  supervision  of  said  board,  and  such  committees 
shall  visit  all  said  schools  at  least  twice  in  each  quarter,  and  report 
at  the  next  regular  meeting  of  the  board  on  the  condition  and 
prospects  thereof. 

§  20.  Tt  shall  also  be  the  duty  of  said  boards,  respectively,  to 
have  reference  in  all  their  expenditures  and  contracts  to  the 
amount  of  moneys  which  shall  be  appropriated,  or  subject  to  their 
order  or  drafts,  during  the  current  year,  and  not  to  exceed  that 
amount.  And  said  boards  shall  severally  apply  all  the  moneys 
apportioned  to  the  common  school  districts  under  their  charge,  to 
the  departments  below  the  academical ;  and  all  moneys  from  the 
literature  fund  or  otherwise,  appropriated  for  the  support  of  the 
academical  department,  to  the  latter  departments. 

§  21.  All  moneys  raised  for  the  use  of  the  union  free  schools  in 
any  city  or  incorporated  village,  or  apportioned  to  the  same  fronn 
the  income  of  the  literature,  common  school  or  United  States  deposit 
funds,  or  otherwise,  shall  be  paid  into  the  treasury  of  such  city  or 
village,  to  the  credit  of  the  board  of  education  therein  ;  and  the 
funds  so  received  into  such  treasury  shall  be  kept  separate  and  dis- 
tinct from  an}'^  other  funds  received  into  the  said  treasury.  And 
the  officer  having  the  charge  thereof  shall  give  such  additional 
security  for  the  safe  custody  tliereof  as  the  corporate  authorities 
of  such  city  or  village  shall  require.  No  money  shall  be  drawn 
from  such  funds,  credited  to  the  several  boards  of  education,  unless 
in  pursuance  of  a  resolution  or  resolutions  of  said  board,  and  on 
drafts  drawn  by  the  president  and  countersigned  by  the  secretary, 
payable  to  the  order  of  the  person  or  persons  entitled  to  receive 
such  money,  and  stating  on  thfeir  face  the  purpose  or  service  for 
which  such  moneys  have  been  authorized  to  be  paid  by  the  said 
board  of  education. 

§  22.  All  moneys  raised  for  the  use  of  said  union  free  schools, 
other  than  those  whose  limits  correspond  with  those  of  any  cities 
and  incorporated  villages,  or  apportioned  from  the  income  of  the 
literature  or  common  school  or  United  States  deposit  funds,  or 
otherwise,  shall  be  i)aid  to  the  respective  treasurers  of  the  said 
several  boards  of  education  entitled  to  receive  the  same,  and  be  by 
them  applied  to  the  uses  of  said  seviM-al  boards,  who  sliall  annually 
render  their  accounts  of  all  moneys  received  and  expended  by 
them  for  the  use  of  said  schools,  with  every  voucher  for  the  same, 


Union  Free.  Schools.  223 

and  certified  copies  of  all  orders  of  the  said  boards  toucliing  the 
same,  to  the  school  commissioner  of  the  town  in  which  the  prin- 
cipal school-house  of  the  district  is  located. 

§  23.  Every  academical  department,  established  as  aforesaid, 
shall  be  under  the  visitation  of  the  Regents  of  the  University,  and 
shall  be  subject,  in  its  course  of  education  and  matters  pertaining 
thereto  (but  not  in  reference  to  the  buildings  or  erections  in  which 
the  same  is  held),  to  all  the  regulations  made  in  regard  to  acad- 
emies by  the  said  Regents.  In  such  departments  the  qualifications 
for  the  entrance  of  any  pupil  shall  be  as  high  as  those  established 
by  the  said  Regents  for  participation  in  the  literature  fund  of  any 
academy  of  the  State  under  their  supervision. 

§  24.  Whenever  a  union  free  school  shall  be  established  under 
the  provisions  of  this  title,  and  there  shall  exist  within  its  district 
an  academy,  the  board  of  education,  if  thereto  authorized  by  a 
vote  of  the  voters  of  the  district,  may  adopt  such  academy  as  the 
academical  department  of  the  district,  with  the  consent  of  the 
trustees  of  the  academy,  and  thereupon  the  trustees,  by  a  resolu- 
tion to  be  attested  by  the  signatures  of  the  officers  of  the  board, 
and  filed  in  the  office  of  the  clerk  of  the  county,  shall  declare  their 
offices  vacant,  and  thereafter  the  said  academy  shall  be  the  aca- 
demical department  of  such  union  free  school. 

The  effect  of  this  section  is,  probahly,  to  transfer  to  the  board  of  education 
title  to  all  the  property  of  the  academy,  provided  the  proceedings  are  all  regu- 
lar. For  greater  security,  however,  the  trustees  of  the  academy  ought  to 
execute  and  deliver  to  the  board  of  education  a  deed  of  their  land  and  buildings, 
which  should  be  properly  acknowledged  and  recorded. 

§  25.  Every  union  free  school  district,  in  all  its  departments, 
shall  be  subject  to  the  visitation  of  the  Superintendent  of  Public 
Instruction.  He  is  charged  with  the  general  supervision  of  its 
board  of  education,  and  their  management  and  conduct  of  all  its 
departments  of  instruction.  And  every  board  of  education  shall 
annually,  between  the  first  and  fifteentli  day  of  October,  make  to 
the  commissioner  having  jurisdiction,  and  deposit  in  the  town 
clerk's  office,  a  report  for  the  preceding  school  year,  of  all  mutters 
and  things  which  trustees  of  a  school  district  are  required  to  report, 
and  of  all  such  other  matters  and  things  as  the  Superintendent 
shall,  from  time  to  time,  require ;  and  shall  also,  whenever  thereto 


224  Schools  Foe  Colored  Children. 

required  by  the  Superintendent  of  Public  Instruction,  report  fully 
to  him  upon  any  particular  matter  or  thing  ;  and  such  reports 
shall  be  in  such  form,  and  so  authenticated,  as  the  Superintendent 
shall,  from  time  to  time,  require. 

The  Superintendent  annually  prepares  and  furnislies  blanks  for  tlie  annual 
reports  of  the  trustees.  For  instruction  as  to  the  filling  up  of  the  blanks,  refer- 
ence may  be  had  to  section  G4  of  title  7.  If  the  Superintendent  wishes  for  any 
information  not  contained  in  the  annual  reports  of  trustees,  he  will  call  for  a 
special  report. 

§  26.  For  cause  shown,  and  after  giving  notice  of  the  charge, 
and  opportunity  of  defense,  the  Superintendent  of  Public  Instruc- 
tion may  remove  any  member  of  a  board  of  education.  Willful 
disobedience  of  any  lawful  requirement  of  the  Superintendent,  or 
a  want  of  due  diligence  in  obeying  such  requirement,  is  cause  of 
removal. 

The  procedure  under  this  section  would  be  the  same  substantially  as  that 
for  the  removal  of  any  school  officer,  as  provided  under  section  18  of  title  1  of 
this  act. 

§  27.  The  provisions  of  this  title  shall  apply  to  all  union  free 
schools  heretofore  organized  pursuant  to  the  provisions  of  chajjter 
four  hundred  and  thirty-three  of  the  Laws  of  eighteen  hundred 
and  fifty-three. 


TITLE  X 

OF    SCHOOLS    FOR    COLORED    CHILDREN. 

Section  1.  The  school  authorities  of  any  city  or  incorporated 
village,  the  schools  of  which  are  or  shall  be  organized  under  title 
nine  of  this  act  or  under  special  acts,  may,  when  they  shall  deem 
it  e.Ypedieiit,  establish  a  separate  school  or  separate  schools  for 
the  instruction  of  children  and  youth  of  African  descent,  resident 
therein,  and  over  five  and  under  twenty-one  years  of  age;  and 
such  school  or  schools  shall  be  suppoi'ted  in  the  same  manner  and 
to  the  same  extent  as  the  school  or  schools  supported  therein 
for  white  children,  and  they  shall  be  subject  to  the  same  rules 
and  regulations,  and  be  furnished  with  facilities  for  instruction 
equal  to  those  furnished  to  the  white  schools  therein. 


Teachers'  Institutes.  225 

§  2.  The  trustees  of  any  union  scliool  district,  or  of  any  school 
district  organized  under  a  special  act,  may,  wlien  the  inhabitants 
of  any  school  district  sliall  so  determine,  by  resolution  at  any 
annual  meeting,  or  at  a  special  meeting  called  for  that  purpose, 
establish  a  separate  school  or  separate  schools  for  the  instruction 
of  such  colored  children  resident  therein,  and  such  schools  shall  be 
supported  in  the  same  manner,  and  receive  the  same  care,  and  be 
furnished  with  the  same  facilities  for  instruction  as  the  white 
schools  therein. 

§  3.  No  person  shall  be  employed  to  teach  any  of  such  schools 
who  shall  not,  at  the  time  of  such  employment,  be  legally  qualified. 

§  4.  Section  one  hundred  and  forty-seven  of  chapter  four  hun- 
dred and  eighty,  Laws  of  eighteen  hundred  and  forty-seven,  is 
hereby  repealed. 

The  common  scliools  of  all  the  districts  not  mentioned  in  this  title  are  aa 
free  to  children  and  youth  of  African  descent  as  to  those  of  an j*  other  race. 


TITLE  XL 

OF  teachers'  institutes. 

Section  1.  It  shall  be  the  duty  of  every  school  commissioner, 
at  least  once  in  each  year,  t\  organize  in  his  own  district,  or,  in 
concert  with  one  or  more  commissioners  in  the  same  county,  to 
organize  in  and  for  the  combined  districts,  a  teachers'  institute, 
and  to  induce,  if  possible,  all  the  teachers  in  his  district  to  be  pres- 
ent and  take  part  in  its  exercises. 

§  2.  The  commissioner  or  commissioners,  subject  always  to  the 
advice  and  direction  of  the  Superintendent  of  Public  Instruction, 
shall,  in  such  form  and  manner  as  may  be  deemed  most  effectual, 
give  public  notice  to  the  teachers  of  the  district,  or  combined  dis- 
tricts, and  to  all  others  who  may  desire  to  become  such,  of  the 
time  when  and  the  place  where  the  institute  will  be  organized. 

§  ?,.  The  Superintendent  of  Public  Instruction  shall  advise  and 
co-operate  with  the  school  commissioners  in  fixing  the  times  and 
places  of  holding  the  teachers'  institute ;  and  he  shall  have  power 
to  employ,  or  cause  the  school  commissioners  to  employ,  suitable 
persons,  at  a  reasonable  compensation,  to  conduct  and  teach  the 
institutes;  and  he  shall  visit,  or  cause  to  be  visited  by  persons 
29 


226  Teachers'  Institutes. 

o:nployecI  in  tlie  Department  of  Public  Instruction,  such  and  so 
many  of  the  institutes  as  lie  possibly  can,  lor  the  purpose  ofexam- 
iiiinc^  into  the  course  and  manner  of  instruction  pursued,  and  of 
rendering  such  assistance  as  he  may  find  expedient;  and  he  shall 
establish  tlie  bases  upon  which  the  yearly  appropriation  for  the 
support  of  teachers'  institutes  shall  be  distributed  to  the  several 
insiitntes,  and  the  term  or  terms  during  which  the  same  may  be 
held,  having  reference,  in  the  establishment  of  such  regulations, 
to  the  number  of  teachers  in  the  county,  district  or  combined  dis- 
tricts, and  in  attendance  at  the  institute,  to  the  length  of  time 
during  which  they  shall  be  held,  to  the  lacilities  for  attendance 
upon  them,  and  to  local  disadvantages  requiring  especial  consider- 
ation. 

§  4.  The  Superintendent  of  Public  Instruction  may  establish  such 
regulations  in  regard  to  certificates  of  qualification  or  recommend- 
ation, which  may  be  issued  by  school  commissioners,  as  will  in  Ids 
judgment  furnish  incentives  and  encouragement  to  teachers  to 
attend  the  institutes  ;  and  the  closing  of  his  school  by  a  teacher 
for  the  time  during  which  an  institute  shall  be  held  in  and  for  the 
county  or  school  commissioner  district  in  which  his  school  is,  and 
which  institute  he  shall  have  attended  during  the  time  for  Avhich 
he  closed  his  school,  shall  not  work  a  forfeiture'  of  the  contract 
under  which  he  is  teaching;  and  he  shall  be  allowed  to  make  up 
for  the  time  spent  in  attending  the  institute  by  teaching  the  school 
the  same  length  of  time  immediately  at  the  end  of  the  term  for 
which  he  contracted  to  teach. 

§  5.  The  trustees  of  every  school  district  are  hereby  directed  to 
give  to  the  teacher  or  teachers  employed  by  them  the  whole  of  the 
time  spent  by  such  teacher  or  teachers  in  attending  at  any  regular 
session  or  sessions  of  an  institute  in  a  county  embracing  the  school 
district,  or  a  part  thereof,  without  deducting  anything  from  his  or 
their  wages  for  the  time  so  spent ;  and  whenever  the  trustees' 
report  shows  that  a  district  school  has  been  supported  for  tlie  full 
time  required  by  law,  including  the  time  spent  by  the  teacher  or 
teachers  in  their  employ  in  attendance  upon  such  institute,  and 
that  the  trustees  have  given  the  teacher  or  teachers  the  time  of 
such  absence,  and  have  not  deducted  any  thing  from  his  or  their 
wages  on  account  thereof,  the  Superintendent  of  Public  Instruc- 
tion may  include  the  district  in  his  apportionment  of  the  State 


Teachers'  Institutes.  22^ 

school  moneys,  and  direct  tliat  it  l)o  included  by  the  school  com- 
missioner or  commissioners  in  tlieir  apportionment  of  scliool 
moneys,  provided  always  that  such  school  district  be  in  all  other 
respects  entitled  to  be  included  in  such  apportionment. 

§  6.  The  Treasurer  shall  pay,  on  the  warrant  of  the  Comptroller, 
to  the  order  of  any  one  or  more  of  the  school  commissioners,  such 
sum  or  sums  of  money  as  the  Superintendent  of  Public  Instruction 
shall  certify  to  be  due  to  them  for  expenses  in  holding  a  teachers' 
institute ;  and,  upon  the  like  warrant  and  certificate,  to  the  order 
of  any  persons  employed  by  the  Superintendent  to  conduct  and. 
teach  any  teachers'  institute,  his  reasonable  compensation  as  certi- 
fied by  the  Superintendent. 

§  7.  The  school  commissioner  or  commissioners,  by  whom  any 
teachers'  institute  shall  be  organized,  shall  transmit  to  the  Super- 
intendent of  Public  Instruction  a  catalogue  of  the  names  of  all 
persons  who  shall  have  attended  such  institute,  with  such  other 
statistical  information,  in  such  form  and  within  such  time  aa 
may  be  prescribed  by  said  Superintendent. 

The  first  law  for  the  establishment  of  teachers'  institutes  was  passed  Novem- 
ber 13,  1817.  For  several  years  previous,  assemblies  of  teachers  under  this 
name  had  been  held  in  various  parts  of  the  State.  The  law  was  passed  to  aid 
in  testing  what  many  deemed  a  doubtful  experiment.  The  institute  baa 
become  a  useful  part  of  the  common  school  system. 

It  is  now  tlie  duty  of  every  school  commissioner,  alone,  or  in  concert  vdth 
one  or  more  commissioners  of  the  same  county,  to  organize  an  institute  every 
year,  and  to  invite  and  urge  the  attendance  of  all  teachers  AAdthin  liis  or  their 
jurisdiction. 

Probably  the  best  mode  of  giving  notice  of  the  time  and  place  of  holding  an 
institute  is  by  advertisement  in  the  county  papers,  taking  care  to  send  by  mail 
a  copy  to  each  teacher. 

The  commissioners  should  also  enter  into  a  correspondence  with  the  Superin- 
tendent, that  the  institutes  may  be  arranged  as  to  time  and  place,  so  that 
several  appointments  may  not  be  made  for  the  same  daj's  in  the  same  month. 
It  is  desirable  that  they  should  be  distributed  through  the  summer  and  autumn, 
so  that  the  s.ime  instructors  may  be  engaged  for  many  of  them. 

The  place  appointed  for  holding  an  institute  should  be  selected  ■nith  a  view 
to  the  convenience  and  pecuniary  interests  of  the  teachers.  It  should  be  a  vil 
lagc  of  such  size  as  to  aiford  ample  accommodations  for  all  in  board  and 
lodging.     Its  situation  should  be  such  as  to  be  accessible  by  good  roads. 

The  time  and  place  being  fixed,  the  Superintendent  will  co-operate  by  engag- 
ing the  best  and  most  efficient  conductors  and  teachers,  who  will  attend  as 
many  institutes  as  they  can  \'isit. 


228  Teachers'  Institutes. 

The  bases  of  distribution  mentioned  in  tlie  third  section,  and  special  instruc- 
tions, will  be  communicated  every  year  in  circulars  to  commissioners. 

During  the  year,  as  occasion  may  offer,  every  commissioner  should  converse 
■with  teachers,  advising  and  urging  them  to  attend  the  institute.  He  should 
also  consult  with  them  about  the  organization  and  conduct  of  the  institute. 
.The  commissioner  should  think  of,  mature  and  propose  some  plan  for  the 
accomplishment  of  some  object  at  every  annual  assembling.  The  whole  field 
of  education  cannot  be  cultivated  at  once.  A  week  or  ten  days  sliould  not  be 
wasted  in  striving  to  do  too  much,  but  should  be  improved  in  doing  one  or  two 
things  well.  If  there  is  a  defect  in  the  manner  of  teaching  in  his  district,  if 
particular  studies  have  been  neglected,  if  errors  have  crept  into  the  schools,  he 
should  cause  the  institute  to  be  so  conducted  as  to  cure  these  evils.  In  this 
way  he  will  accomplish  results.  The  teachers  will  be  conscious  of  improve- 
ment. 

An  institute  is  meant  to  be  a  short  training  school.  And  the  training  should 
be  in  those  particulars  in  which  there  is  the  greatest  deficiency.  A  club  foot 
by  skillful  surgery  may  be  made  straight  and  useful,  a  squint  eye  cured  of  its 
obliquity,  and  a  palsied  limb  be  restored  to  motion  and  strength.  The  com- 
missioners are  therefore  advised  to  direct  their  training  to  the  surgery  and  cure 
of  special  defects  and  evils.  Let  all  have  something  to  do.  Let  the  work  go 
on  briskly.  Let  there  be  no  idle  moments,  and  there  will  be  no  craving  for 
idle  amusements. 

Lectures  should  form  only  incidents  in  the  proceedings.  They  should  bo 
short  and  appropriate  to  the  matter  in  hand.  Teachers  attend  an  institute 
not  to  hear  an  essay  from  a  popular  speaker  on  a  favorite  hobby,  but  to  learn 
how  to  teach  children. 

As  an  inducement  to  teachers  to  attend  the  institutes  the  trustees  of  school 
districts,  by  the  fifth  section  of  the  title,  are  authorized  to  pay  them  for  tho 
time  passed  in  attendance,  as  if  it  was  employed  in  teaching  school ;  and  when 
this  fact  appears  in  their  annual  reports,  the  Superintendent  will  not  withhold 
from  the  district  its  share  in  the  apportionment  of  public  moneys.  The  time 
spent  by  a  teacher  at  an  institute  is  by  this  law  made  a  fulfillment  of  his  con- 
tract to  teach,  and  a  part  of  the  twenty-eight  weeks  during  which  school  must 
be  kept. 

It  is  optional,  however,  for  the  trustees  to  employ  teachers  under  the  fourth 
section,  by  which  the  teacher  can  continue  his  school  beyond  the  time  limited 
in  his  contract,  as  many  days  as  he  was  absent  at  an  institute. 

To  enable  the  commissioners  to  comply  with  the  provisions  of  section  seven, 
the  Su])erintcndcnt  will  supply  them  with  forms  for  a  register  of  attendance. 
IIo  will  also  annually  give  them  instructions  how  to  make  up  and  render 
their  accounts,  and  furnish  them  with  blanks  for  any  statistical  information 
desired. 


Appeals.  229 

TITLE  XII. 

OJf    APPEALS    TO    THE    SUPEKINTEXDEXT    OF    PUBLIC    INSTKUCTION. 

Section  1.  Any  person  conceiving  himself  aggrieved  in  conse- 
quence of  any  decision  made  : 

1.  By  any  school  district  meeting; 

2.  By  any  school  commissioner  or  school  commissioners  and 
other  officers,  in  forming  or  altering,  or  refusing  to  form  or  alter, 
any  school  district,  or  in  refusing  to  apportion  any  school  moneys 
to  any  such  district  or  part  of  a  district; 

3.  By  a  supervisor  in  refusing  to  pay  any  such  moneys  to  any 
Buch  district ; 

4.  By  the  trustees  of  any  district  in  paying  or  refusing  to  pay 
any  teacher,  or  in  refusing  to  admit  any  scholar  gratuitously  into 
any  school ; 

5.  By  any  trustees  ol  any  school  district  library  concerning  such 
library,  or  the  books  therein,  or  the  use  of  such  books; 

6.  By  any  district  meeting  in  relation  to  the  library  ; 

7.  By  any  other  official  act  or  decision  concerning  any  other 
matter  under  this  act,  or  any  other  act  pertaining  to  common 
schools,  may  appeal  to  the  Superintendent  of  Public  Instruction, 
who  is  hereby  authorized  and  required  to  examine  and  decide  the 
same ;  and  his  decision  shall  be  final  and  conclusive,  and  not  sub- 
ject to  question  or  review  in  any  place  or  court  Avhatever. 

§  2.  The  SujDcrintendent,  in  reference  to  such  appeals,  shall  have 
power : 

1.  To  regulate  the  practice  therein  ; 

2.  To  determine  whether  an  appeal  shall  stay  proceedings,  and 
prescribe  conditions  upon  which  it  shall  or  shall  not  so  operate  ; 

3.  To  decline  to  entertain,  or  to  dismiss,  an  appeal,  when  it 
shall  appear  that  the  appellant  has  no  interest  in  the  matter 
appealed  from,  and  that  the  matter  is  not  a  matter  of  public  con- 
cern, and  that  the  person  injuriously  affected  by  the  act  or  decision 
appealed  from  is  incompetent  to  appeal ; 

4.  To  make  all  orders,  by  directing  the  levying  of  taxes  or  other- 
wise, Avhich  may,  in  his  judgment,  be  proper  or  necessary  to  give 
effect  to  his  decision. 

§  3.  The  Superintendent  shall  file,  arrange  in  the  order  of  time, 
and  keep  in  his  office,  so  that  they  may  be  at  all  times  accessible, 
all  the  proceedings  on  every  appeal  to  him  under  this  title,  includ- 


230  Appeals. 

ing  his  decision  and  orders  founded  thereon  ;  and  cojjies  of  all 
Buch  papers  and  proceedings,  authenticated  by  him  under  his  seal 
of  office,  shall  be  evidence  equally  with  the  originals. 

The  right  of  appeal  to  the  school  department  was  first  given  in  1832.  It  has 
since  remained  with  tlie  head  of  the  department,  except  for  the  sliort  period 
from  1841  to  1847,  during  which  appeals  were  in  the  first  instance  brought  to 
t'le  county  superintendents,  from  whose  decisions  an  appeal  could  be  brought 
to  the  Superintendent. 

The  supreme  court,  in  3  Denio,  177,  declare  that  "  this  provision  was  intended 
as  a  cheap  and  expeditious  mode  of  settling  most,  if  not  all,  of  the  difficulties 
and  disputes  arising  in  the  course  of  the  execution  of  the  law  organizing  and 
r.'gulating  common  schools.  The  Legislature  has  virtually  declared  that,  where 
a  party  will  forego  that  convenient  method  of  adjusting  such  a  controversy  as 
the  present,  and  resort  to  the  ordinary  courts,  it  shall  be  at  his  own  expense  as 
regards  costs."  In  11  Wend  ,  91,  the  court  made  substantially  the  same  remarks 
when  refusing  to  give  relief  by  an  action  of  trespass  against  trustees  for  their 
proceedings  in  selling  the  plaintiff's  property  under  a  tax  list  and  warrant 
which  were  in  more  than  one  respect  erroneous.  A  further  reason  for  prefer- 
ring the  remedy  by  appeal  to  a  common  law  action  is,  that  the  Superintendent 
can  dispose  of  all  the  questions  connected  with  the  case  in  a  single  decision ; 
where  a  proceeding  is  wrong,  he  can  not  only  reverse  it,  but  direct  the  appro- 
priate remedy,  so  as  to  redress  all  persons  who  have  been  inj  urioush'  affdcted  ; 
while  an  action  at  law  inures  only  to  the  benefit  of  the  person  who  brings  it, 
and  only  gives  pecuniary  damages,  without  substituting  a  correct  proceeding 
ia  the  place  of  an  erroneous  one. 

No  person  can  sustain  an  appeal  unless  he  is  aggrieved,  that  is,  injured  in 
his  rights  by  the  act  or  decision  of  which  he  complains.  Generally,  every 
inhabitant  of  a  district  is  aggrieved  by  the  wrongful  act  or  omission  of  a  trus- 
tee or  sciiool  commissioner,  by  which  money  or  property  is  disposed  of,  or  not 
secured  for  the  benefit  of  the  district.  But  no  one  is  aggrieved  by  another 
being  included  in  a  tax  list,  although  other  inhabitants  are  by  the  omission 
of  one  who  should  be  taxed  ;  and  appeals  may  be  made  by  trustees  in  behalf  of 
tlieir  district  whenever  they  are  aggrieved. 

Before  giving  the  rules  wliich  have  been  made  to  regulate  tlie  practice  upon 
appeals,  it  is  proper  to  call  attention  to  some  general  ])rincii)les  in  relation  to 
the  mode  of  drawing  them  up.  In  the  first  place,  the  department  wants  facts, 
and  not  arguments,  far  less  injurious  imputations  upon  the  motives  of  parties. 
The  facts  should  be  distinctly  averred,  bo  that  an  indictment  for  perjury  would 
lie  if  they  are  willfully  misstated.  Therefore,  they  should  not  be  stated  by  way 
of  recital  under  a  "  whereas,"  or  in  any  similar  indirect  way.  Every  material 
fact  should  be  stated  with  all  practicable  particularity  as  to  time,  quantities, 
numbers,  etc.  Where  a  statement  is  ambiguous  or  doubtful  in  meaning,  that 
construction  is  adopted  which  is  most  unfavorable  to  the  party  making  it.  The 
appellant  should  make  out  his  own  case;  so  that  if  no  answer  is  put  in,  the 


Appeals.  231 

Superintendent  will  have,  in  the  appeal  itself,  all  tlie  facts  to  inform  him  what 
order  ought  to  be  made.  No  decision  can  be  based  upon  any  facts  except  those 
which  are  stated  in  the  appeal,  and  which  the  opposite  party  has  had  the 
opportunity  to  controvert,  although  such  facts  may  have  been  brought  to  the 
knowledge  of  the  Superintendent  in  some  other  way.  The  record  itself  must 
contain  enough  to  support  tlie  decision. 

In  tlie  bringing  and  answering  of  appeals,  it  is  recommended  that  the  papers 
be  written  upon  foolscap,  ruled  as  paper  is  ruled  for  legal  pleadings.  Such 
paper  is  kept  by  all  stationers  and  booksellers,  and  is  known  as  law-paper  or 
legal  cap.  The  several  sheets  should  be  written,  as  lawyers  vrcite  their  papers, 
on  both  sides,  so  that  the  bottom  of  the  first  page  is  the  top  of  the  second,  and 
the  sheets  are  fastened  with  tape,  or  attached  by  paste,  at  the  ends,  and  not 
at  the  sides.  ^Manuscript  arranged  in  this  fashion  is  more  easily  handled, 
folded  and  filed.  They  should  be  smoothly  folded,  and  indor.sed  vt-itli  the  title 
of  the  case,  briefly  stating  the  substance  of  the  appeal  or  answer,  with  the  name 
of  the  parties,  and  the  district,  town  and  county  atfected.  The  party  sending 
an  appeal  or  answer  should  also  indorse  on  the  papers  liis  post-office  addi-ess. 


LETTERS  OF  IXQnRY  AND  EX  PAItTE  APPLICATIONS. 

Perhaps  the  most  onerous  duty  of  the  Superintendent  of  Public  Instruction 
is  one  which  is  not  mentioned  in  the  statutes.  It  is  that  of  replying  to  appli- 
cations for  advice  respecting  the  construction  of  the  school  laws,  and  the 
legality  of  proceedings  of  district  meetings,  of  trustees,  and  other  school 
officers.  The  eflfort  has  been  made  to  give  in  this  volume  a  full  exposition, 
under  the  appropriate  section,  of  the  questions  which  have  been  found,  by  the 
experience  of  the  department,  to  embarrass  officers  in  the  discharge  of  their 
duties.  If,  however,  after  examination  of  the  instructions  herein  contained,  it 
is  conceived  necessary  to  apply  to  the  department  for  further  information,  it 
must  be  borne  in  mind : 

1.  That  no  decision  can  be  made  on  any  subject  affecting  in  any  manner  the 
rights  or  interests  of  other  parties,  without  both  sides  having  been  heard  or 
having  been  invited  to  present  their  statements.  This  occurs  only  when  an 
appeal  is  regularly  brought  in  the  mode  prescribed  by  the  regulations,  or 
where  all  parties  have  signed,  and  united  in  transmitting,  a  statement  of  facts 
to  which  they  agree  ; 

2.  That  an  opinion,  given  under  any  other  circumstances,  must  be  regarded 
as  valid  only  so  far  as  the  statement  on  which  it  is  founded  represents  fairly 
and  fully  all  the  facts  pertinent  to  the  case.  It  frequently  happens  that  two 
parties,  applying  for  advice  upon  the  same  question,  state  the  facts  so  differently 
that  they  receive  very  dissimilar  replies,  and  are  thus  confirmed  in  their  differ- 
ence of  opinion,  instead  of  being  reconciled.  No  opinion  should  he  asked  upon 
an  abstract  question  or  a  hypothetical  case  ;  but  the  actual  facts  out  of  which 
thi!  question  arises  should  be  clearly  and  briefly  stated,  with  all  practicable 
certainty  as  to  dates  and  number,  and  in  such  a  manner  as  to  indicate  the 
object  of  the  inquiry.     The  last  is  advisable,  because  a  proceeding  may  ba 


232  Appeals. 

legally  good  and  sufficient  for  some  purposes,  and  as  against  some  persons, 
while  it  is  invalid  for  other  purposes  and  against  other  parties.  The  facts  should 
be  stated  in  contradistinction  tg)  mere  evidence  on  the  one  hand,  and  to  the 
writer's  inferences  as  to  the  effect  of  those  facts,  on  the  other. 

To  facilitate  the  business  of  the  department,  and  the  prompt  and  correct 
transmission  of  answers  to  its  correspondents,  it  is  desirable  that  all  letters 
should  be  written  on  foolscap  paper,  with  a  clear  margin  of  one  inch  on  the 
left  hand  edge  of  the  page.  They  should  always  specify  the  number  of 
the  school  district,  together  with  the  name  of  the  town  or  towns  of  which  it 
constitutes  a  part,  and  the  county  in  which  the  latter  are  situated.  The  writer 
should,  in  all  cases,  no  matter  how  frequently  he  may  write,  state  at  what 
post-office  he  desires  to  be  addressed. 

Whenever  reference  may  be  necessary  to  any  pre^aous  letter  from  the  depart- 
ment, its  date  should  be  given.  This  enables  the  department  to  ascertain  at  once 
its  contents  and  those  of  the  paper  to  wliich  it  was  a  reply. 

Every  application  for  the  exercise  of  any  legal  power  of  the  department,  as 
for  special  permission  to  be  included  in  the  apportionment  of  public  money, 
etc.,  must  be  supported  by  an  affidavit  stating  the  facts  on  which  it  is  based. 
When  any  person  is  interested  in  opposing  it,  the  application  must  be  accom- 
panied with  proof  of  service  of  a  copy  thereof  on  such  party,  in  the  same 
manner  as  required  upon  appeals. 

RULES  RESPECTING  APPEALS. 

t.  An  appeal  mu.st  be  in  writing,  addressed  "To  the  Superintendent  of  Pub 
lie  Instruction,"  and  signed  by  the  appellant.  When  made  by  the  trustees  of  a 
district,  it  must  be  signed  by  all  the  trustees,  or  a  reason  must  be  given  for  the 
omission  of  any,  verified  by  the  oath  of  the  appellant,  or  of  some  person 
acquainted  with  such  reason. 

2.  A  copy  of  the  appeal,  and  of  all  the  statements,  maps  and  papers  intended 
to  be  presented  in  support  of  it,  with  the  affidavit  in  verification  of  the  same, 
must  be  served  on  the  officers  whose  act  or  decision  is  complained  of,  or  some 
of  them  ;  or  if  it  be  from  the  decision  or  proceeding  of  a  district  meeting,  upon 
the  district  clerk  or  one  of  the  trustees,  whose  duty  it  is  to  cause  information 
of  such  appeal  to  be  given  to  the  inhabitants  who  voted  for  the  decision  or  pro- 
ceeding appealed  from.  Immediately  after  the  service  of  such  copy,  the 
original,  together  with  an  affidavit  proving  the  service  of  a  copy  thereof,  and 
stating  the  time  and  manner  of  the  service  and  the  name  and  official  character 
of  the  person  upon  whom  such  service  was  made,  must  be  transmitted  to  the 
Department  of  Public  Instruction,  at  Albany.  If  an  answer  is  received  to  an 
appeal  which  has  not  been  transmitted  to  the  department,  such  appeal  will  bo 
dismissed. 

3.  Such  service  must  bo  made  and  tlie  original  sent  to  the  department  withia 
thirty  days  after  the  making  of  the  decision  or  the  performance  of  the  act  com- 
])lained  of,  or  within  that  time  after  the  knowledge  of  the  cause  of  complaint 
came  to  the  appellant,  or  some  satisfactory  excuse  must  be  rendered,  in  the 
appeal,  for  the  delay. 


Appeals.  233 

4.  The  party  on  whom  the  appeal  was  served  must,  within  ten  days  from 
the  time  of  such  service,  answer  the  same,  either  by  concurring  in  a  statement 
of  facts  wth  the  appellant,  or  by  a  separate  answer.  Such  statement  and 
answer  must  be  signed  by  all  the  trustees  or  other  officers  whose  act,  omission 
or  decision  is  appealed  from,  or  a  good  reason  on  oath  must  be  given  for  the 
omission  of  the  signature  of  any  of  them.  Such  answer  must  be  verified  by 
oath,  and  a  copy  served  on  the  appellants  or  some  one  of  them. 

5.  So  far  as  the  parties  concur  in  a  statement,  no  oath  will  be  required  to  it. 
But  all  facts,  maps  or  papers,  not  agreed  upon  by  them  and  evidenced  by  their 
signature  on  both  sides,  must  be  verified  by  oath. 

6.  All  oaths  required  by  these  regulations  may  be  taken  before  any  person 
authorized  to  take  the  acknowledgment  of  deeds,  or  to  take  affidavits. 

7.  A  copy  of  the  answer,  and  of  all  the  statements,  maps  and  papers  intended 
to  be  presented  in  sapport  of  it,  must  be  served  upon  the  appellants,  or  some 
one  of  them,  within  ten  days  after  service  of  a  copy  of  the  appeal,  unless  fur- 
ther time  be  given  by  the  State  Superintendent,  on  application,  in  special 
cases  ;  but  no  replication  or  rejoinder  shall  be  allowed,  except  by  permission  of 
the  State  Superintendent ;  in  which  case  such  replication  and  rejoinder  shall 
be  duly  verified  by  oath,  and  copies  thereof  served  on  the  opposite  party. 

8.  Proof  of  the  service  of  copies  of  the  appeal,  answer  and  all  other  papers 
intended  to  be  used  on  the  hearing  of  such  appeal,  must,  in  all  cases,  accom- 
pany the  same. 

9.  When  any  proceeding  of  a  district  meeting  is  appealed  from,  and  when 
the  inhabitants  of  a  district  generally  are  interested  in  the  matter  of  the  appeal, 
and  in  all  cases  where  an  inhabitant  might  be  an  appellant  had  the  decision  or 
proceeding  been  the  opposite  of  that  which  was  made  or  had,  any  one  or  more 
of  such  inhabitants  may  answer  the  appeal,  with  or  without  the  trustees. 

10.  Where  the  appeal  has  relation  to  the  alteration  or  formation  of  a  school 
district,  it  must  be  accompanied  by  a  map,  exhibiting  the  site  of  the  school- 
house,  the  roads,  the  old  and  new  lines  of  districts,  the  different  lots,  tho 
particular  location  and  distance  from  the  school-houses  of  the  persons  aggrieved, 
and  tlieir  relative  distance,  if  there  are  two  or  more  school-houses  in  question. 
Also,  a  list  of  all  the  taxable  inhabitants  in  the  district  or  territory  to  be 
affected  by  the  question,  showing  in  separate  columns  the  valuation  of  their 
property,  taken  from  the  last  assessment  roll,  and  the  number  of  children 
between  five  and  twenty-one  belonging  to  each  person,  distinguishing  the 
districts  to  whicli  tliey  respectively  belong. 

11.  An  a])peal  of  itself  no  longer  stays  proceedings.  If  the  party  desires  such 
stay,  he  sliould  ask  for  it.  The  Superintendent  will  grant  a  stay,  or  not,  as  in 
his  judgment  it  may  be  proper,  or  may  subserve  the  interests  of  either  party,  or 
the  public. 

12.  The  decision  of  the  Superintendent  in  every  case  will  contain  the  order, 
or  directions,  necessary  and  proper  for  giving  effect  to  his  decisions. 


.234-  Miscellaneous  Pkovisions. 

TITLE  XIII. 

MISCELLANEOUS    PROVISIONS. 

Section  1.  Whenever  the  share  of  school  moneys,  or  any  por- 
tion tliereof,  apportioned  to  any  town,  school  district  or  separate 
neighborhood,  or  any  money  to  which  a  town,  school  district  or 
Beparate  neighborhood  would  have  been  entitled,  shall  be  lost,  in 
consequence  of  any  willful  neglect  of  official  duty  by  any  school 
commissioner,  town  clerk,  trustees  or  clerks  of  school  districts,  the 
officer  or  officers  guilty  of  such  neglect  shall  forfeit  to  the  town, 
school  district  or  separate  neighborhood  so  losing  the  same,  the 
full  amount  of  such  loss,  with  interest  thereon. 

§  2.  Where  any  penalty  for  the  benefit  of  a  school  district,  or  of 
the  schools  of  any  school  district,  town,  school  commissioner  dis- 
trict or  county,  shall  be  incurred,  and  the  officer  or  officers  whose 
duty  it  is  by  law  to  sue  for  the  same  shall  willfully  and  unreasona- 
bly refuse  or  neglect  to  sue  for  the  same,  such  officer  or  officers 
shall  forfeit  the  amount  of  such  penalty  to  the  same  use,  and  it 
Bhall  be  the  duty  of  their  successor  or  successors  in  office  to  sue 
for  the  same. 

Whenever  any  penalty  or  forfeitui-e  is  declared  to  be  for  the  benefit  of  a  dis- 
trict, it  is  the  duty  of  the  trustees  to  sue  for  and  enforce  its  collection. 

Whenever  any  penalty  or  forfeiture  is  declared  to  be  for  the  benefit  of  a 
town,  it  is  the  duty  of  the  supervisor  to  prosecute. 

Trustees  may  prosecute  their  predecessors  in  ofiace  for  money  embezzled  or 
unlawfully  used  or  withheld. 

Trustees  may  prosecute  collectors  and  their  bail  for  moneys  lost  to  the  dis- 
trict by  the  neglect  of  the  collectors,  or  which  are  embezzled  by  them. 
■    Supervisors  may  prosecute  their  predecessors  in  office  for  penalties  and  for- 
fcitures  incurred  by  them,  and  for  moneys  embezzled  or  unlawfully  used  or 
•withheld. 

Trustees  may  prosecute  district  clerks,  and  supervisors  town  clerks,  for  money 
lost  by  their  willful  neglect  of  duty. 

A  public  officer  is  bound  to  give  to  his  official  duties  the  same  care  and  atten- 
tion that  a  prudent  man  would  give  to  his  private  business. 

An  officer  who  comes  short  of  this  is  guilty  of  a  willful  neglect  of  duty. 

§  3.  Any  person  who  shall  willfully  distui'b,  interrupt,  or  dis- 
quiet any  district  school  or  school  meeting  in  session,  or  any  jier- 
Bons  assembled,  with  the  permission  of  the  trustees  of  the  district, 
in  any  district  school-house,  for  the  purpose  of  giving  or  receiving 


MlSCELLAXKOUS    PkOYISIONS.  235 

instruction  in  any  branch  of  education  or  learning:;,  or  in  the  science 
or  practice  of  music,  shall  forfeit  twenty-live  dollars  for  the  benefit 
of  the  school  district. 

§  4.  It  shall  be  the  duty  of  the  trustees  of  the  district,  or  the 
teacher  of  the  school,  and  he  shall  have  power,  to  enter  a  complaint 
against  such  otfender  before  any  justice  of  the  peace  of  the  county, 
or  the  mayor  or  any  alderman,  recorder  or  other  magistrate  of  the 
city  wherein  the  oftense  was  committed.  The  magistrate,  or  other 
oflicer  before  whom  the  complaint  is  made,  shall  thereupon,  by  his 
Avarrant,  directed  to  any  constable  or  person,  cause  the  person 
complained  of  to  be  arrested  and  brought  before  him  for  trial.  If 
such  person,  on  the  charge  being  stated  to  him,  shall  plead  guilty, 
the  magistrate  shall  convict  him  ;  and,  if  he  demands  a  trial  by  the 
magistrate,  shall  summarily  try  him  ;  and,  if  he  demands  a  trial 
by  jury,  the  magistrate  shall  issue  a  venire,  and  impannel  a  jury 
for  his  ti-ial,  and  he  shall  be  tried  in  the  same  manner  as  in  a  court 
of  special  sessions. 

§  5.  If  any  person  convicted  of  the  said  oftense  do  not  immedi- 
ately pay  the  penalty,  with  tlie  costs  of  the  prosecution,  or  give 
security  to  the  satisfaction  of  the  magistrate  for  the  payment 
thereof  within  twenty  days,  the  magistrate  or  other  oflicer  shall 
commit  him  to  the  common  jail  of  the  county,  there  to  be  im- 
prisoned until  the  jjcnalty  and  costs  be  paid,  but  not  exceeding 
thirty  days. 

The  three  preceding  sections  are  a  siilistitute  for  tlie  act  of  1845  forbidding 
the  disturbance  of  evening:  schools.  The  provisions  of  the  sections  of  the 
present  law  are  plain  and  unmistakable.  Every  person  who  \-iolates  them 
forfeits  twenty-five  dollars. 

It  is  suggested  that  when  the  school-house  is  used  for  any  other  purpose 
than  a  district  school,  it  would  be  proper  to  obtain  the  written  permission  of  the 
trustees,  as  a  safeguard  against  misunderstanding  and  forgetfulness. 

§  6.  In  any  action  against  a  school  oflicer  or  oflicers,  including 
supervisors  of  towns,  in  respect  of  their  duties  and  powers  under 
this  act,  for  any  act  performed  by  virtue  of  or  under  color  of  their 
ofiices,  or  for  any  refusal  or  omission  to  perform  any  duty  enjoined 
by  law,  and  which  might  have  been  the  subject  of  an  appeal  to 
the  Superintendent,  no  costs  shall  be'^allowed  to  the  plaintiff"  in 
cases  where  the  court  shall  certify  that  it  appeared  on  the  trial 
that  the  defendants  acted  in  good  faith.     But  this  provision  shall 


2a6  Miscellaneous  Provisions. 

not  extend  to  suits  for  penalties,  nor  to  suits  or  pi'oceedings  to 
enforce  the  decisions  of  the  Superintendent. 

The  term  "  action  "  in  this  section  signifies  a  suit  brought  in  any  of  the 
courts  of  this  State.  The  denial  of  costs  was  intended  to  discourage  the  prose- 
cution  of  school  officers  in  the  courts,  and  to  encourage  the  bringing  of  all  dis- 
putes and  controversies  relating  to  the  administration  of  the  schools  to  the 
Department  of  Public  Instruction. 

§  7.  Whenever  the  trustees,  or  any  school  district  officer,  shall 
have  been  instructed,  by  a  resolution  of  the  district  meeting,  to 
bring  or  defend  an  action  or  proceeding  touching  any  district 
property  or  claim  of  the  district,  or  involving  its  rights  or  inter- 
ests, or  to  continue  such  action  or  defense,  all  their  costs  and 
reasonable  expenses,  as  well  as  all  costs  and  damages  adjudged 
against  them,  shall  be  a  district  charge,  and  shall  be  levied  by  tax. 
If  the  amount  claimed  by  them  be  disputed  by  a  district  meeting, 
it  shall  be  adjusted  by  the  county  judge  of  any  county  in  which 
the  district  or  any  part  of  it  is  situate. 

§  8.  Whenever  such  trustees  or  any  school  district  officer  shall 
have  brought  or  defended  any  such  action  or  proceeding,  without 
any  such  resolution  of  the  district  meeting,  and  after  the  final 
determination  of  such  suit  or  proceeding  shall  j^resent  to  any 
regular  meeting  of  the  inhabitants  of  the  district  an  account  in 
writing  of  all  costs,  charges  and  expenses  paid  by  him  or  them, 
with  the  items  thereof,  arid  verified  by  his  or  their  oath  or  affirma- 
tion, and  a  majority  of  the  voters  at  such  meeting  shall  so  direct, 
it  shall  be  the  duty  of  the  trustees  to  cause  the  same  to  be  assessed 
upon  and  collected  of  the  taxable  property  of  said  district,  in  the 
same  manner  as  other  taxes  are  by  law  assessed  and  collected ; 
and,  when  so  collected,  the  same  shall  be  paid  over,  by  an  order 
upon  the  collector,  to  the  ofticer  or  officers  entitled  to  receive  the 
same ;  but  this  provision  shall  not  extend  to  suits  for  penalties, 
nor  to  suits  or  proceedings  to  enforce  the  decisions  of  the  Super- 
intendent of  Public  Instruction. 

§  9.  WhencA'er  any  officer  or  officers  mentioned  in  the  last  pre- 
ceding section  of  this  act  shall  have  complied  with  the  provisions 
of  said  section,  and  the  inljHfcants  shall  have  refused  to  direct  the 
trustees  to  levy  a  tax  for  ^H|payment  of  the  costs,  charges  and 
expenses  therein  mention^  it  shall  be  lawful  for  him  or  them 
then  and  there  to  give  notice,  orally  and  publicly,  that  he  will 


Miscellaneous  Provisions.  237 

appeal  to  the  county  judge  of  the  county  in  which  the  school- 
house  of  said  district  is  located,  from  the  refusal  of  said  meeting 
to  vote  a  tax  for  the  payment  of  said  claim,  and  the  inhabitants 
may  then  and  there,  or  at  any  subsequent  district  meeting, 
appoint  one  or  more  of  the  inhabitants  of  the  district  to  protect 
tlie  riglits  and  interests  of  tlie  district  upon  said  appeal.  And  the 
officer  or  officers  before  mentioned  shall,  thereupon,  Avithin  ten 
days,  serve  upon  the  clerk  of  said  district  (or,  if  there  be  no  such 
clerk,  upon  the  town  clerk  of  the  town)  a  copy  of  the  aforesaid 
account  so  sworn  to,  together  with  a  notice  in  Avriting,  that  on  a 
certain  day  therein  specified  he  or  they  intend  to  present  such 
account  to  the  county  judge  for  settlement.  And  the  clerk  shall 
record  such  notice,  together  with  the  copy  of  the  account,  and  the 
same  shall  be  subject  to  the  inspection  of  the  inhabitants  of  the 
district.  And  it  shall  be  the  duty  of  the  person  or  persons 
appointed  by  any  district  meeting  for  that  purpose,  to  appear 
before  the  county  judge  on  the  day  mentioned  in  the  notice  afore- 
said, and  to  protect  tlie  rights  of  the  district  upon  such  settle- 
ment ;  and  the  expenses  incurred  by  them  in  the  performance  of 
this  duty  sliall  be  a  charge  upon  said  district,  and  the  trustees, 
upon  presentation  of  the  account  of  such  expenses,  with  the  proper 
vouchers  therefor,  may  levy  a  tax  therefor,  or  add  the  same  to  any 
other  tax  to  be  levied  by  them ;  and  their  refusal  to  levy  such  tax 
for  the  payment  of  such  expenses  shall  be  subject  to  an  appeal  to 
the  Superintendent  of  Public  Instruction. 

§  1 0.  Upon  the  appearance  of  the  parties,  or  upon  due  proof  of 
service  of  the  notice  and  copy  of  the  account,  the  county  judge  shall 
examine  into  the  matter,  and  hear  the  proofs  and  allegations  pro- 
pounded by  tlie  parties,  and  decide  by  order  whether  or  no  the 
account,  or  any  and  what  portion  thereof,  ought  justly  to  be 
charged  upon  the  district,  and  his  decision  shall  be  final ;  but  no 
portion  of  such  account  sliall  be  so  ordered  to  be  paid  which  shall 
appear  to  the  county  judge  to  have  arisen  from  the  willful  neglect 
or  misconduct  of  the  claimant.  The  account,  with  the  oath  of  the 
party  claiming  the  same,  shall  he  prima  facie  evidence  of  the  cor- 
rectness thereof  The  county  judge  may  adjourn  the  bearing 
from  time  to  time,  as  justice  shall  seem  to  require. 

§  1 1.  It  shall  be  the  duty  of  the  trustees  of  any  school  district, 
within  thirty  days  after  service  of  a  copy  of  such  order  upon  them, 


238  Miscellaneous  Peovisions. 

or  upon  the  district  clerk  and  notice  ther6of  to  them  or  any  two 
of  tliem,  to  cause  the  same  to  be  entered  at  length  in  the  book  of 
records  of  said  district,  and  to  raise  the  amount  thereby  directed 
to  be  i)aid,  by  a  tax  upon  the  district,  to  be  by  them  assessed  and 
levied  in  the  same  manner  as  a  tax  voted  by  the  district. 

Tlie  above  five  sections  liave  been  substituted  for  the  law  which  referred 
Bucli  claims  for  adjudication  and  settlement  to  the  board  of  supervisors. 

By  subdivision  14  of  section  16  of  title  7  of  this  act,  the  people  of  a  district 
may  vote  a  tax  "to  pay  the  reasonable  expenses  incurred  by  district  officers  in 
defending  suits,  or  appeals  brous-ht  against  them  for  their  ofHcial  acts,  or  in 
prosecuting  suits  or  appeals  by  direction  of  the  district  against  other  i)arties." 

It  will  be  noticed  that  by  sections  six  and  eight,  in  suits  for  penalties,  or  to 
compel  obedience  to  the  decisions  of  the  Superintendent,  the  provisions  of 
this  title  in  respect  to  costs  are  not  applicable. 

§  1  2.  For  the  support  of  the  Indian  scliools,  already  established 
and  which  may  be  established  under  authority  of  chapter  seventy- 
one  of  the  Laws  of  eighteen  hundred  and  fifty-six,  the  Superintend- 
ent of  Public  Instruction,  in  his  annual  general  apportionment  of 
the  State  school  moneys  appropriated  for  the  sup[)ort  of  common 
schools,  shall  make  an  equitable  apportionment,  as  provided  by 
section  six  of  title  three  of  this  act;  and  the  moneys  which  shall 
be  thus  a})portioned,  and  those  which  have  been  apportioned  for 
their  support  under  authority  of  section  four,  chapter  seventy-one 
of  the  Laws  of  eighteen  hundred  and  tifty-six,  shall  be  paid  out 
of  the  treasury  for  expenditures  authorized  by  law  and  actually 
incurred  in  support  of  such  S('hools,  upon  the  warrant  of  the  Super- 
intendent, countersigned  by  the  Comptroller. 

The  following  is  a  copy  of  chapter  71,  Laws  of  185G  : 

AN  ACT  to   facilitate  education  and  civilization  among  the  Indians  in  this 
State. 

Passed  April  1,  1S5G;  three-fifths  bein;;  present. 

The  People  of  the  State  of  Xi'w  York,  represtnled  in  Senate  and  Assemhlij,  do  enact 
as  Jolloius : 

§  1.  The  Supcrintondent  of  Public  Instruction  shall  bo  charged  with  pro- 
viding the  means  of  education  for  all  tlie  Indian  children  in  tlie  State.  Ho 
Bhall  caus(^  to  be  ascertained  the  condition  of  tlic  various  bands  in  the  State, 
in  rcsjioct  to  education;  he  shall  establish  schools  in  such  ]ilaces  and  of  such 
character  and  description  as  he  sliall  docm  mK'essary  :  he  shall  einidoy  super- 
intendents for  such  schools,  and  shall,  with  the  concurrence  of  the  Comjjtroller 
and  Si'cn.'tary  of  State,  cause  to  be  erected,  where  necessary,  convenient  build- 
ings for  their  accommodation. 


Miscellaneous  Provisions.  239 

§  2.  In  the  discharj^e  of  the  duties  imposed  by  this  act,  the  said  Superintend- 
ent shall  endeavor  to  secure  the  co-operation  of  all  the  several  bands  of  Indians, 
and  for  this  purpose  shall  visit,  bv  lumsplf  or  his  authorized  afrent,  all  tlio 
reservations  where  they  reside,  lay  the  matter  before  them  in  pul)lic  assembly, 
invitinj?  them  to  assist  either  by  appropriatintr  their  ]iublic  moneys  to  this 
object,  or  by  settinjj  ajjart  lands  and  erecting-  suitable  buildings,  or  by  fur- 
nishing labor  or  materials  for  such  buildings,  or  in  any  other  way  which  ho 
or  they  may  suggest  as  most  effectual  for  the  ])romotion  of  this  obji3ct. 

§  3.  In  any  contract  which  may  be  entered  into  with  the  said  Indians  for  tho 
use  or  occupancy  of  any  land  for  school  grounds,  sites  or  buildings,  care  shall 
be  taken  to  protect  the  title  of  the  Indians  to  their  lands,  and  to  reserve  to  the 
State  the  right  to  remove  or  otherwise  dispose  of  all  improvements  made  at 
the  exjienso  of  the  State. 

§  4.  Tlie  Indian  children  in  the  State,  between  the  ages  of  four  and  twenty- 
one  years,  shall  be  entitled  to  draw  public  money  the  same  as  white  children. 
The  Superintendent  shall  cause  an  annual  enumeration  of  said  Indian  children 
to  be  made,  and  shall  see  that  the  public  money  to  which  they  arc  ratably 
entitled  is  devoted  exclusively  to  their  education. 

§  5.  To  carry  into  effect  the  provisions  of  this  act,  the  sum  of  five  thousand 
dollars  is  hereby  ai)propriated  out  of  the  surplus  income  of  the  United  States 
deposit  fund,  to  be  paid  by  the  Treasurer,  on  the  warrant  of  the  Compti"oller, 
from  time  to  time,  to  the  order  of  the  Superintendent  of  Public  Instruction. 

§  G.  The  Superintendent  shall  take  and  file  in  his  office  vouchers  and 
receipts  for  all  the  expenditures  made  under  this  act,  subject  to  the  inspection 
of  the  joint  committee  to  examine  the  accounts  of  the  Auditor  and  Treasurer, 
and  shall  annually  report  to  the  Legislature  all  his  doings  by  virtue  of  tho 
authority  vested  in  him  ;  and  for  this  purpose  said  Superintendent  may  require 
full  and  detailed  reports,  in  such  form  as  he  may  j)rescribe,  from  those  having 
the  iumiediate  supervision  of  any  Indian  schools  in  this  State. 

§  13.  The  SupcM'intendcnt  of  Public  Instruction,  so  soon  as  niny 
be  after  the  puss:ige  of  this  act,  sliall  prepare  .and  cause  to  be 
printed,  and  distribute  among  tlie  scliools  of  tlie  State,  to  eacli 
one  copy,  an  edition  of  this  statute,  with  brief  annotations  embody- 
ing such  of  the  decisions  of  tlie  courts  of  the  State,  and  of  tho 
Superintendents  of  Common  Schools  and  the  Superintendents  of 
Public  Instruction  as  are  apj)licable  thereto,  and  such  comments, 
explanations  and  instructions  as  he  shall  deem  necessary  or  expe- 
dient;  and  the  same  sliall  be  deposited  with  the  district  clerk,  and 
kept  by  him  for  the  use  of  the  inhabitants. 

§  14.  All  provisions  of  law  repugnant  to  or  inconsistent  with 
the  provisions  of  this  act  are  hereby  repealed,  saving  always  all 
rights  of  action  vested  under  such  prior  provisions,  and  proceed- 
ings commenced  for  the  assertion  thereof;  but  nothing  hei'ein  con- 
tained, unless  it  be  so  ex])ressed,  shall  be  construed,  unless  by 
inevitable  implication,  to  revive  any  act  or  portion  of  an  act  liere- 
tofore  repealed,  nor  to  impair  or  in  any  manner  affect  or  change 
any  special  law  touching  tlie  schools  or  school  system  of  any  city 
or  incorporated  village  of  the  State. 


uo 


Miscellaneous  Provisions. 


Tlie  amendments  adopted  by  chapter  406,  Laws  of  18G7,  of  the  general  school 
law,  passed  in  1864  and  amended  in  1866,  have  thus  far,  section  by  section, 
been  incorporated  in  the  Code. 

The  twenty-fifth  section  of  chapter  406,  Laws  of  1867,  is  as  follows : 

"  ^  25.  Ifiis  act  shall  take  effect  on  the  first  day  of  October,  eighteen  hun- 
dred and  sixty-seven.  The  State  tax  of  one  and  one-fourth  mills  upon  the 
dollar  shall  be  imposed  for  the  fiscal  year  commencing  the  first  day  of  October, 
eighteen  hundred  and  sixty-seven,  and  shall  be  assessed,  raised,  levied  and  col- 
lected in  the  manner  prescribed  by  law." 

The  twenty-sixth  section  is  in  the  following  words ; 

"  §  26.  Hereafter  all  moneys,  now  authorized  by  any  special  acts  to  be  col- 
lected by  rate  bill  for  the  payment  of  teachers'  wages,  shall  be  collected  by 
tax  and  not  by  rate  bill." 

This  is  the  most  important  section  contained  in  any  school  act  since  1814, 
when  the  rate  bill  was  devised  and  incorporated  into  the  law  as  a  mode  of  col- 
lecting the  deficiency  in  the  payment  of  teachers'  wages  after  the  application 
of  the  public  money. 

The  rate  bill  is  that  feature  of  our  common  school  system  which  has  been 
most  prolific  of  dispute  and  controversy  ;  which  has  imposed  the  heaviest  and 
most  perplexing  duties  upon  the  trustees ;  which  has  been  burdensome  and 
odious  to  the  poor;  which  has  imposed  an  unequal  and  unjust  tax  upon  the 
families  more  blessed  in  their  children  than  in  their  basket  and  store,  and 
which  has  been  the  great  cause  of  irregular  attendance  and  absenteeism.  Tho 
following  table  exhibits  the  sums  levied  annually  by  rate  bill  since  the  year 
1838 : 


Year. 

Amount. 

Year. 

Amount. 

Year. 

Amount. 

1828 

$297,048  49 
34(!,,S07  20 
374,001  ,54 
358,320  17 
.369,696  36 
398,137  04 
419,.S7S  69 
425,(M3  (il 
4.36,346  46 
477,875  27 
521.477  49 
476,4-«3  27 
475,000  00 
468,688  22 

1842, 

$509,376  97 
447,.565  97 
4,58,127  78 
4(i0.764  78 
462,840  74 
4()6,(i74  85 
489,696  63 
508,724  56 
1.36,949  .59 
221,971  71 
.30.'^,,S51  30 
.331).  190  93 
382,359  08 
461,770  13 

1856 

18.57, 

18,58  (9  months),  ... 
1858-59, 

$427,956  07 
390,515  50 
318,353  41 
414,062  72 
420,257  98 
397,215  87 
407,009  57 
363,741  05 
429,892  52 
6.55,158  78 
709,025  36 
743,047  73 

lSi9, 

18.30, 

18.31 

ia32, 

1843, 

1844, 

1845 

1846, 

1847 

1S4.S 

1849 

ia59-60 

183.3 

18.34,...     ... 

]a35, 

1860-61, 

1861-62 

1862-63 

1.S63-64, 

1,864-6,5 

1836 

1850 

1.S51, 

1.S.52, 

18.37, 

18.3S, 

1839 

1840, 

1841 

1865-<ji), ...   

1866-67 

18.5.3, 

18.54, 

1855 

Total, 

$17,170,474  39 

The  average  sum  yearly  collected  by  rate  bill  for  the  forty-one  years  included 
in  the  table  is  $429,261.86. 

For  the  fourteen  years  prior  to  1828,  it  is  probable  that  the  amount  collected 
by  rate  bill  was  $2.10,000  a  year.  The  aggregate  will  be,  therefore,  increased 
to  $20,670,474.39,  for  fifty-five  years,  and  the  yearly  average  will  be  $382,- 
971.74. 


Miscellaneous  Provisions.  241 

k  will  be  observed  that  the  sum  raised  by  rate  bill  has  uniformly  e\ceeded, 
and  generally  quadrupled,  the  amount  distributed  from  the  income  of  the  com- 
mon school  fund.  It  has  as  regularly  exceeded  the  whole  public  money  appor- 
tioned from  the  school  fund,  and  the  United  States  deposit  fund,  added  to  the 
county  and  town  taxes,  until  the  imposition  of  the  State  tax  in  1^51.  The 
years  to  be  excci)ted  from  these  statements  are  1850-1-2,  the  years  of  the  free 
school  controversy.  The  rate  bill  has  been  the  special  tax  upon  the  patrons  of 
the  common  schools.  It  may  j  ustly  be  styled  a  tax  upon  knowledge.  The  pres- 
ent law  has  merely  transferred  this  burden  from  the  fathers  of  families  to  the 
taxable  property  of  the  whole  State. 

The  rate  bill  having  been  abolished,  the  common  schools  will  hereafter  be 
supported  from  the  following  sources  : 

1.  The  income  of  the  common  school  fund  ; 

2.  The  amount  that  the  Legislature  may  annually  set  apart  from  the  income 
of  the  United  States  deposit  fund  ; 

3.  The  general  State  tax  ; 

4.  District,  village  and  city  taxation  ; 

5.  The  income  of  local  funds. 

(1.)  The  revenue  of  the  common  school  fund  is  about  $170,000  a  year.  The 
distribution  from  it  is  at  present  $155,000  yearly. 

(2.)  The  appropriation  from  the  income  of  the  United  States  deposit  fund  is 
$105,000  annually ;  but  it  depends  upon  the  Legislature,  which  may,  at  any 
time,  divert  the  income  to  some  other  object. 

(3.)  The  main  dependence  of  the  schools,  so  far  as  relates  to  the  payment  of 
teachers'  wages,  must  be  upon  the  State  tax,  which,  being  now  fixed  at  one 
and  a  (piarter  mills  upon  each  dollar  of  valuation,  will  probably  yield  about 
two  millions  of  dollars  a  year.  The  income  of  the  two  funds  is  about  ■  one- 
fifteenth  of  the  sum  annually  needed  to  pay  teachers. 

(4.)  District,  village  and  city  taxation  is  voluntary,  and  the  amount  raised 
annually  varies  with  the  exigencies  of  the  year.  The  purchase  of  sites,  the 
building  of  school-houses,  and  the  furnishing  of  them  with  seats,  desks,  chairs, 
stoves,  fuel  and  apparatus  are  all  done  by  local  taxation.  No  money  has  ever 
been  appropriated  for  these  objects  from  the  income  of  the  State  funds,  or  the 
avails  of  the  State  tax. 

(5.)  The  income  of  local  funds,  chiefly  gospel  and  school  lands,  was  for  the 
year  18G7  $26,009.24.     It  does  not  vary  much  from  year  to  year. 

Section  26  repeals  all  the  provisions  in  special  acts  passed  for  cities  and  vil- 
lages, and  all  local  acts  authorizing  the  collection  of  any  money  by  rate  bill. 
The  schools  must  be  free.  Education  in  the  State  is  gratuitous.  There  are  to 
be  henceforward  no  rate  bills  and  no  tuition  bills,  except  the  fees  charged  by 
trustees  to  non-resident  pupils,  and  pupils  under  five  and  over  twenty- 
one  years  of  age,  and  which  they  may  require  to  be  prepaid.  The  only 
moneys  heretofore  "  authorized  by  special  acts  to  be  collected  by  rate 
bill  for  the  pajTnent  of  teachers'  wages,"  were  the  amounts  due  to  teachers, 
after  they  had  received  the  share  apportioned  to  the  district  from  the  public 
moneys.  After  applying  the  public  moneys,  so  far  as  they  will  go,  to  the  pay- 
31 


242  MiscELLAiS^EOus  Provisions. 

ment  of  teacliers'  wages,  tlie  trustees  will,  hereafter,  collect  tlie  residue  hy  a 
district  tax. 

Tlie  inhabitants  of  a  district,  in  the  first  instance,  are  authorized,  at  any 
meeting  duly  assembled,  to  vote  the  sums  necessary  for  this  purpose.  In  the 
absence  of  such  vote,  or  on  the  refusal  to  pass  such  vote,  the  trustees  are 
required  to  levy  and  collect  the  amount  due  the  teacher  by  a  district  tax. 

The  twenty-seventh  section  of  chapter  406,  Laws  of  18G7,  is  as  follows : 

"  g  27.  Nothing  in  this  act  contained  shall  be  construed  to  aiithorize  the 
common  council  of  any  city  to  increase  the  local  city  tax  for  the  support  of  the 
schools  therein,  beyond  the  amounts  they  are  now  authorized  by  law  to  raise 
for  local  school  purposes,  and  such  local  tax  shall  be  reduced  in  such  city  by 
an  amount  equal  to  the  amount  it  shall  receive  by  the  additional  tax  author- 
ized by  this  act,  for  the  support  of  schools,  in  the  State  generally." 

The  laws  establishing  schools  in  the  cities,  generally,  if  not  in  every 
case,  limit  the  amount  to  be  raised  by  tax  in  each  year  for  their  support. 
As  the  cities  will  receive  their  share  of  the  common  school  and  United  States 
deposit  funds,  and  their  share  of  the  increased  State  tax,  the  object  of  this  sec- 
tion seems  to  be  to  reduce  the  local  taxation  of  the  city  for  the  support  of 
schools  in  a  sum  equal  to  the  diiference  between  what  would  have  been  the 
city's  share  of  a  State  tax  of  three-fourths  of  a  mill  on  the  dollar  of  valuation, 
and  its  share  of  a  tax  of  one  and  one-fourth  of  a  mill  on  the  dollar. 


GENERAL  LAWS  RELATING  TO  SCHOOLS 

KOT  IXCLUDED  IN  THE  CODE. 


CHAP.    800. 

AN  ACT  to  provide  for  the  Appraisal  of,  and  acquiring  Title  to 
Lands  taken  for  or  in  addition  to  Sites  for  District  School- 
Houses. 

Passed  April  25,  1866  ;  three-fiftlis  being  present. 

The  People  of  the  State  of  JVeio  York,  represented  in  Senate  aiid 
Assembly,  do  enact  as  follows : 

Sectiox  1 .  Land  for  the  site  of  a  district  school-house,  or  addi- 
tional land  adjoining  to  and  for  the  enlargement  of  an  established 
bite,  not  exceeding  one  acre,  may  be  acquired  in  cases  where  the 
owner  or  owners  thereof,  or  some  of  them,  shall  not  consent  to  sell 
the  same  for  such  purpose,  or  the  trustee  or  trustees  of  the  district 
cannot  agree  with  such  owner  or  owners,  or  some  of  them,  i;pon 
the  price  or  value  thereof,  as  follows : 

A  petition  shall  be  prepared  for  presentation  to  the  county  court 
of  the  county  in  which  the  land  is  situated,  at  some  regular  term 
thereof,  signed  by  the  trustee  or  trustees  of  the  district,  or  a  major- 
ity of  them,  setting  forth  that  the  inhabitants  of  the  district  have 
designated  or  desii'e  to  obtain  the  land  for  the  site  of  a  district 
school-house,  or  in  addition  to  and  for  the  enlargement  of  that 
already  established  as  such  site,  describing  such  land  by  its  locality 
and  by  particular  metes  and  bounds,  stating  tlie  quantity  thereof 
as  nearly  as  may  be,  with  the  name  or  names,  and  place  or  places 
of  residence  of  the  owner  or  owners,  and  that  the  consent  of  such 
owner  or  owners,  or  some  of  them,  to  sell  such  land  for  said  pur- 
pose, cannot  be  obtained,  or  that  the  trustee  or  trustees  cannot 
agree  with  him  or  them,  or  some  of  them,  upon  a  reasonable  price 
therefor,  and  praying  for  the  appointment  of  commissioners  to 
appraise  the  san;c. 

Said  petition  shall  be  filed  in  the  office  of  the  county  clerk  of 
the  county  in  which  the  land  is  situated,  and  at  the  time  of  filing 


244  Sites  for  District  School-Houses. 

thereof,  or  at  any  time  afterward,  the  petitioners  may  cause  a 
notice  of  the  pendency  of  the  proceeding  to  be  iiled  in  said  office, 
which  notice  the  county  clerk  shall  file  and  record  in  the  same 
manner  that  similar  notices  in  actions  in  the  supreme  court  are 
required  to  be  filed  and  recorded;  which  notice  shall  state  the 
object  of  the  proceeding,  and  contain  a  description  of  the  land  and 
the  names  of  the  parties  atfected  thereby.  And  all  persons  who 
shall  acquire,  in  whatsoever  Avay,  any  title  to,  interest  in,  lien  or 
incumbrance  upon,  said  land,  after  the  filing  of  the  notice  of  the 
pendency  of  the  proceedings  as  aforesaid,  shall  be  bound  and 
aifected  by  said  proceedings  in  the  same  manner  and  to  the  same 
extent  as  if  they  had  been  named  in  the  petition  as  parties  thereto ; 
and  said  persons  shall  also  be  bound  in  the  same  manner  and  to 
the  same  extent,  by  notice  of  the  existence  of  said  proceeding, 
whether  notice  of  the  pendency  thereof  has  been  filed  or  not.  The 
petitioners  may  appear  and  prosecute  such  proceedings  by  an 
attorney. 

A  copy  of  said  petition,  with  a  notice  thereto  annexed  of  the  time 
and  place  when  and  where  the  same  will  be  presented  to  said 
county  court,  addressed  to  the  owner  or  owners  of  the  required 
lands,  shall  be  served  in  all  cases,  except  as  hereinafter  allowed,  as 
follows  :  Upon  eacli  person  to  whom  the  notice  is  addressed,  who  ' 
resides  in  the  county  in  which  the  land  is  situated,  by  delivering 
to  each  such  person,  or,  in  case  of  his  absence,  by  leaving  at  liia 
dwelling-house  or  usual  place  of  abode  or  business,  such  copy  and 
notice,  at  least  thirty  days  before  the  day  specified  in  the  notice 
for  the  presentation  of  the  petition.  Upon  each  such  person  who 
shall  reside  out  of  such  county,  by  depositing  such  copy  and 
notice  in  one  of  the  post-ofliices  nearest  to  said  land,  directed  to 
such  person  at  liis  reputed  place  of  residence,  and  jjaying  the 
proper  postage  thereon,  at  least  forty  days  before  the  day  specified 
in  the  notice  for  the  jiresentation  of  the  petition,  if  such  place  of 
residence  be  within  this  State,  and  at  least  sixty  days  before  that 
day  if  such  place  of  residence  be  out  of  this  State,  except  that  if 
Bucli  place  of  residence  be  in  the  upper  j)eninsula  of  Michigan,  or 
in  any  State  or  territory  of  the  United  States  west  of  the  Mis- 
Bis8ip]>i  river,  except  the  States  of  Iowa,  Missouri,  Arkansas  and 
Louisiana,  or  any  place  out  of  the  jurisdiction  of  the  United  States, 
then  at  least  four  months  before  such  specified  day  of  presentation. 


Sites  for  District  School-Houses.  245 

If  any  such  owner  or  owners  shall  resifle  out  of  the  State,  and 
Bhall  have  an  agent  or  attorney  residing  therein,  authorized  to 
convey  or  contract  for  the  sale  of  his  or  their  interest  in  said  lands, 
who  sliall  not  consent,  or  with  whom  the  trustee  or  trustees  can- 
not agree  as  aforesaid,  then  and  in  that  case  the  service  of  the 
copy  of  petition  and  of  notice  aforesaid  may  be  made  upon  such 
agent  or  attorney  instead  of  upon  such  owner  or  owners,  either 
personally  or  by  depositing  the  same  in  a  post-office  as  aforesaid, 
directed  to  such  agent  or  attorney  at  his  place  of  residence,  and 
paying  postage  as  aforesaid,  the  same  number  of  days  or  months 
before  the  said  specified  day  for  the  presentation  of  the  petition, 
as  if  the  service  were  upon  such  owner  or  owners,  as  hereinbefore 
required.  If  any  such  owner  shall  be  an  infant  under  the  age  of 
twenty-one  years,  such  service  shall  be  made  on  his  general  guard- 
ian ;  if  there  be  no  such  guardian,  on  the  infant,  if  over  fourteen 
years  of  age,  and  if  under  that  age,  on  the  person  with  whom  such 
infant  shall  reside,  in  each  case  in  the  same  mode,  and  the  same 
number  of  days  or  months  before  the  specified  day  for  the  presen- 
tation of  the  petition,  as  if  the  service  were  upon  an  adult  owner, 
according  to  the  place  of  residence  of  such  guardian,  infant,  or 
person  with  whom  sueh  infant  resides,  upon  whom  service  is  made. 
If  anv  such  owner  shall  be  an  idiot,  or  of  unsound  mind,  service 
shall  be  made  upon  the  committee  of  his  person  or  estate;  or,  if 
there  be  no  such  committee,  then  upon  the  person  who  shall  have 
the  care  of  such  idiot  or  person  of  unsound  mind,  in  the  same 
mode  and  the  same  number  of  days  before  presentation  of  the 
petition  as  in  other  cases.  In  all  other  cases  service  of  copies  of 
the  petition,  of  notices,  appointments  of  guardians  or  committees, 
orders  or  other  papers  in  the  proceedings  under  this  act,  or  in  con- 
nection therewith,  shall  be  made  as  the  court  in  which  the  pro- 
ceedings are  had  shall  direct.  (As  amended  hy  chapter  819,  Laws 
of  1 867,  page  206 Y,  volume  2.) 

§  2.  On  presenting  such  petition  to  the  county  court  aforesaid, 
on  the  day  specified  for  its  presentation  as  aforesaid,  with  proof 
of  service  of  a  copy  or  copies  thereof  and  notice,  and  of  other 
papers  as  hereinbefore  required,  all  persons  whose  estate  or  inter- 
est are  to  be  affected  by  the  proposed  proceedings,  relative  to  the 
land  described  in  the  petition,  may  apjiear  in  person  or  by  attor- 
nev,  or  other  proper  representative,  before  the  said  court,  and 


246  Sites  for  District  School-Hofses, 

show  cause  against  graiting  the  prayer  of  the  petitioners.  The 
said  court  shall  hear  the  proofs  and  allegations  of  the  parties,  and 
if  no  sufficient  cause  be  shown  against  granting  the  prayer  of  the 
petitioners,  shall  make  an  order  appointing  three  disinterested 
and  suitable  persons,  residing  in  the  same  county,  neitlier  of'whora 
shall  be  an  inhabitant  of  the  school  district  named  in  the  petition, 
or  interested  in  any  taxable  property  therein,  or  who  shall  be 
within  two  degrees  of  relationsliip,  by  blood  or  marriage,  to  any 
owner  of  such  taxable  property,  or  to  any  owner  of  the  land 
described  in  such  petition,  as  commissioners  to  appraise  the  said 
land  and  to  award  the  compensation  to  be  made  to  the  owner  or 
owners  thereof  for  the  same,  for  the  purposes  specified  in  said 
petition;  and  the  said  court  shall  specify  and  appoint  in  such 
order  the  time  and  place  Avithin  said  school  district  for  the  first 
meeting  of  said  commissioners,  and  also  the  time  and  place  when 
and  where  said  county  oourt  will  receive  the  report  of  said  com- 
missioners of  their  proceedings  and  award  in  the  premises,  for 
confirmation. 

§  3.  The  said  commissioners,  before  entering  upon  their  duties, 
shall  be  sworn  before  some  officer  authorized  to  administer  oaths, 
that  they  will  fairly  and  impartially  view  the  land  in  question, 
hear  the  proofs  and  allegations  of  the  parties  interested,  and  make 
a  just  and  reasonable  award  of  the  compensation  to  be  paid  by  the 
school  district  for  the  said  land,  to  be  appropriated  for  a  site  or 
part  of  a  site  for  a  district  school-house.  The  said  commissioners 
shall  have  power  to  issue  subpoenas  and  administer  oaths  to  wit- 
nesses, and  a  majority  of  them  may  adjourn  the  proceedings  from 
time  to  time  if  necessary.  They  shall  also  view  the  land  in  ques- 
tion, hear  the  proofs  and  allegations  of  parties,  reduce  the  testimony 
given,  if  any,  to  writing;  and,  without  unnecessary  delay,  they,  or 
a  majority  of  them,  shall  appraise  the  said  land  and  determine  and 
award  the  compensation  Avhich  ought  to  be  made  therefor  by  said 
school  district,  to  the  party  or  parties  owning  the  same.  They 
shall  make  a  written  report  of  their  proceedings  and  award  in  the 
case,  signed  by  them,  or  a  majority  of  them,  which  shall  be  accom- 
panied by  the  minutes  of  the  testimony  taken  by  them,  and  shall 
deliver  the  same  to  the  county  judge  of  the  county  on  or  before 
the  day  named  in  the  order  appointing  them,  for  receiving  such 
report  for  confirmation.     The  said  commissioners  shall  be  entitled 


Sites  fob  District  School-Houses.  ii47 

to  two  dollars  per  day  for  tlicir  services,  which  shall  be  a  charge 
upon  and  be  paid  by  the  school  district  in  Avhose  behalf  the  land 
in  question  has  been  appraised  by  them  as  aforesaid. 

§  4.  On  the  day  and  at  the  time  and  place  appointed  in  the  order 
aforesaid  for  receiving  such  report,  the  county  court  aforesaid,  on 
being  satisfied  of  the  regularity  and  fairness  of  the  previous  pro- 
ceedings, shall  make  an  order  reciting  the  proceedings,  giving  a 
description  of  the  land  appraised,  confirming  the  report  and  direct- 
ing to  whom  the  compensation  awarded  shall  be  paid,  or  where 
and  with  whom  the  same  shall  be  deposited.  A  certified  copy  of 
the  last  mentioned  oi'der  shall,  Avithout  unnecessary  delay,  be 
delivered  by  the  judge  holding  said  county  court  to  the  trustee  or 
trustees  aforesaid,  or  to  one  of  them,  whose  duty  it  shall  be  forth- 
with to  cause  the  same  to  be  recorded  at  the  expense  of  the  said 
school  district,  in  the  office  of  the  county  clerk  of  the  county  in 
which  the  land  therein  described  is  situated.  The  trustee  or  trus- 
tees are  hereby  authorized  and  directed,  on  the  filing  of  said  order 
with  the  county  clerk  as  aforesaid,  forthwith  to  levy  a  district  tax 
for  a  sura  sufficient  to  pay  the  compensation  named  in  said  award 
and  the  expense  of  recording  said  order. 

§  5.  Upon  said  order  being  recorded  as  aforesaid,  and  upon  the 
payment  or  deposit  of  the  amount  of  compensation  aAvarded  for 
said  land,  all  the  right,  title  and  interest  of  the  owner  and  owners 
aforesaid,  in  and  to  the  said  land,  shall  vest  in  the  school  district 
in  whose  behalf  the  proceedings  aforesaid  were  instituted ;  and  the 
trustee  or  trustees  of  such  district  shall  be  entitled  to  enter  upon, 
take  possession  of,  occupy  and  use  said  land  for  the  purpose  set 
forth  in  their  petition  aforesaid ;  and  all  land  acquired  by  any 
school  district,  pursuant  to  the  provisions  of  this  act,  shall  be 
deemed  to  be  taken  for  public  use. 

§  G.  The  proceeds  of  every  such  award  shall  be  divided  amongst 
the  parties  whose  rights  and  interests  shall  have  been  sold,  in  pro- 
portion to  their  respective  rights  in  the  premises;  and  the  share 
of  such  of  the  parties  as  ai'e  of  full  age  shall  be  paid  to  them  or 
their  legal  representatives  by  the  commissioners,  or  shall  bo 
brought  into  court  for  their  use. 

§  V.  When  any  of  such  known  parties  are  infants,  the  court 
may,  in  its  discretion,  direct  the  share  of  such  infants  to  be  paid 
over  to  the  general  guardian  on  proper  security  being  tiled,  or  to 


248  Sites  fob  District  School-Houses. 

be  invested  in  permanent  securities  at  interest,  in  the  name  and 
for  the  benefit  of  sucli  infants,  or  be  de})Osited  in  some  trust  com- 
pany or  savings  bank  to  abide  tlie  further  order  of  the  court. 

§  8.  Wlien  any  of  the  parties  wliose  interests  have  been  sold  are 
absent  from  the  State,  or  are  not  known  or  named  in  the  proceed- 
ings, tlie  court  shall  direct  the  shares  of  such  })arties  to  be  invested 
in  permanent  securities  at  interest,  or  to  be  deposited  in  somo 
trust  company  or  savings  bank  to  abide  the  further  order  of  the 
court,  for  the  benefit  of  such  parties,  until  claimed  by  them  or 
their  legal  representatives, 

§  9.  When  the  proceeds  of  a  sale  belonging  to  any  tenant  in 
dower,  or  by  the  curtesy,  or  for  life,  shall  be  brought  into  court 
as  hei-einbetbre  directed,  the  court  shall  direct  the  same  to  be 
invested  in  permanent  securities  at  interest,  so  that  such  interest 
shall  annually  be  paid  to  the  parties  entitled  to  such  estate  during 
their  lives  respectively,  unless  such  parties  shall  elect  to  accept  a 
Bum  in  gross  in  lieu  thereof. 

§  10.  Tlie  court  may,  in  its  discretion,  require  all  or  any  of  the 
parties,  before  they  shall  receive  any  share  of  the  moneys  arising 
from  such  sale,  to  give  security  to  the  satisfaction  of  such  court  to 
refund  the  said  shares  with  interest  thereon,  in  case  it  shall  there- 
after appear  that  such  party  was  not  entitled  thereto. 

§  11.  The  amounts  of  all  commissioners'  fees,  and  of  all  expenses 
incurred  by  or  in  behalf  of  any  school  district,  in  pursuance  of  the 
provisions  of  this  act,  shall  be  a  charge  upon  such  district,  and  be 
levied  and  collected  by  tax  in  the  same  manner  as  other  district 
taxes  are  levied  and  collected  therein. 

§  12.  This  act  shall  not  apply  to  cities;  nor  shall  it  be  lawful 
under  this  act  to  acquire  title  to  any  garden  or  orchard,  or  any 
part  thereof,  without  the  consent  of  the  ownei-,  noi-  to  any  part  of 
any  yard  or  inclosure  necessary  to  the  use  and  enjoyment  of  build- 
ings or  any  fixtures  or  erections  for  the  purposes  of  trade  or  manu- 
factures, without  the  consent  of  such  owner. 

^  13.   This  act  shall  take  effect  immediately. 

Cliap.  819,  Laws  of  1867,  sections  3  aud  3,  refers  to  and  amends  this  law,  and 
provides  as  follows : 

§  2.  Tlie  act  hereby  amended  shall  apply  to  union  free  school 
districts  and  to  districts  organized  under  special  laws;  and  the 


Sites  for  District  School-Houses.  2-19 

trustees  of  such  dislricts,  or  the  boards  of  education  organized 
under  special  haws,  shall  be  and  are  hereby  clothed  with  all  the 
powers  vested  in  trustees  under  said  act. 

§  3.  Nothing  in  this  act  contained  shall  prejudice  or  impair  any 
right  acquired  or  proceeding  had  or  instituted,  under  or  by  virtue 
of  the  act  hereby  amended. 

Domain  is  the  right  to  dispose  of  a  thing  wliicli  belongs  to  us. 

Eminent  domain  is  the  right  which  the  people  or  government  retain  over 
the  estates  of  individuals  to  resume  the  same  for  public  use.  {Buuviers  Law  Dio 
tionary  ) 

The  word  domain  is  derived  from  the  Latin  dominmm,  which  signifies  domin- 
ion, power.  The  word  eminent  is  derived  from  the  Latin  emineo,  and  signifies 
high.  The  words  "  eminent  domain,"  therefore,  mean  the  highest  authority  or 
ultimate  power.  All  governments  have  exercised  this  power.  In  despotic 
countries  it  is  unlimited.  Even  in  England — a  constitutional  monarchy  —  the 
Parliament  may  take  private  property  for  public  use  without  compensation. 

A  brief  history  of  the  changes  in  the  tenure  of  land,  and  a  few  definitions, 
will  aid  in  understanding  this  provision  of  law,  and  the  clauses  of  the  Consti- 
tution by  which  it  is  authorized. 

Prior  to  tlie  year  1000,  the  feudal  tenure  of  land,  called  the  feudal  system, 
was  hardly  known  in  Europe.  The  word  "  feud  "  is  found  in  very  few  manu- 
ecripts  earlier  than  that  date.  The  territory  of  Europe  during  the  preceding 
six  hundred  years  had  passed  out  of  the  Roman  power  and  been  divided  and 
parceled  among  the  children  and  descendants  of  Charlemagne,  or  had  become 
the  property  of  the  various  barbarian  hordes  that  had  successively  pressed 
upon  each  other  and  overrun  the  land.  About  the  tenth  century  the  Franks 
had  possession  of  France  and  the  Normans  of  Normandy  ;  the  Teutonic  nations 
held  Germany  and  laid  claim  to  Italy.  We  learn  from  ancient  manuscripts 
and  from  the  historians  of  the  middle  ages,  that  the  proprietors  of  the  soil 
in  Germany  and  France  were  numerous  and  independent,  and  were  the  abso- 
lute owners.  The  introduction  of  the  feudal  s^'stem  changed  the  whole  face 
of  things.  It  was  a  system  of  landholding.  The  great  landholder  had  domin- 
ion over  a  certain  extent  of  country.  He  granted  to  others  the  possession  of 
subdivisions  of  his  domain  on  condition  that  the  grantee  should  swear  fealty 
and  hold  himself  in  readiness  at  all  times  to  do  military  service  for  liis  lord. 
During  the  two  hundred  years  from  900  to  1100,  the  tenure  of  nearly  all  the 
land  jn  Europe  had  become  feudal.  The  allodial  proprietors  had  been  con- 
quered and  reduced  to  feudal  subjection,  or  had,  for  protection  and  safety  of 
person  and  property,  voluntarily  sworn  fealty  to  some  mighty  lord.  There  is 
evidence  that  the  feudal  system  had  been  introduced  into  some  parts  of  Eng- 
land ]irior  to  the  Nonnan  conquest.  William  the  Conqueror  proceeded  to 
establish  it,  and  give  it  a  form  and  stability  which  clothed  him  and  his  suc^ 
CGSsors  with  greater  wealth  and  ])ower  than  was  possessed  by  any  other  mou- 
archs  of  their  time.  He  divided  England  into  sixty  thousand  parcels,  that 
32 


250  Sites  for  Distkict  School-Houses. 

were  all  siirveyed,  named  and  described  in  a  book  called  Dooms  book,  wliich 
was  a  surveyor's  field  book  and  an  appraisal.  The  name  was  derived  from 
the  Latin  word  domus,  a  house.  These  parcels  were  erected  into  manors 
and  lordships,  and  such  as  William  did  not  retain  as  his  own  Avere  granted 
to  the  retainers  and  adventurers  who  composed  his  army,  as  a  reward  for  their 
services.  A  few  of  the  Saxon  proprietors  were  confirmed  in  their  possessions ; 
but  William  required  all  the  men,  Saxon  or  Norman,  to  whom  he  granted  or 
confirmed  land,  to  swear  fealty  to  him,  to  become  his  tenants,  to  acknowledge 
liim  as  their  superior. and  to  become  his  vassals,  ready  to  do  him  military  ser- 
vice, and  to  obey  promptly  his  summons  to  the  field.  England  was  his  domain, 
and  since  his  day  the  laws  of  England  have  recognized  the  king  as  the  ulti- 
mate owner  of  all  the  land  in  the  kingdom.  William  was  a  very  wise  and 
politic  prince ;  he  had  experienced  the  dangers  which  threatened  all  feudal 
sovereigns  from  the  wealth,  ambition  and  power  of  their  vassals.  He  was 
himself,  for  his  fief  of  Normandy,  a  vassal  of  the  king  of  France.  He  guarded 
liis  authority  and  supremacy  by  the  subdivision  of  the  kingdom  into  compara 
tively  small  estates.  He  created  many  fiefs,  but  made  few  rich  feudatories. 
He  gave  to  a  few  favorites  hundreds  of  manors,  but  they  were  situated  in 
many  different  counties.  The  owners  of  estates  so  divided,  so  far  apart,  and 
whose  retainers  could  not  be  summoned  and  assembled  speedily,  could  never 
be  very  formidable  to  the  king. 

In  France  the  case  was  different.  The  great  feudal  lords  were,  in  many 
instances,  equal  to  the  king  in  wealth,  and  their  domains  were  not  held  by 
royal  grant.  In  some  instances,  the  domain  of  the  feudal  vassal  was  so  large 
that  he  became  a  rival  of  the  king.  The  dukes  of  Normandy,  after  they  became 
kings  of  England,  came  also  into  possession,  by  marriage  and  inheritance,  of 
the  duchies  of  Guienne,  Poictiers  and  Aquitanie,  and  their  power  was  such  that 
they  disputed  in  the  field  for  the  throne  of  France.  The  word  domain  was 
used  to  express  both  the  extent  of  their  territory  and  their  dominion  over  it. 
The  feiidal  system  in  France  and  Germany  reduced  the  peasantry  to  the  most 
miserable  condition  of  poverty  and  servitude.  In  process  of  time  the  power  of 
the  feudal  lords  was  absorbed  in  the  various  monarchies.  The  kings  of  FrancR 
and  Prussia  became  absolute.  The  larger  part  of  Germany  became  the  property 
of  the  two  houses  of  Brandenburg  and  Ilapsburg,  whoso  jealousy  and  rivalry 
however,  permitted  the  establishment  of  thirty  or  more  free  cities,  petty  princi- 
palities and  dukedoms. 

It  is  a  curious  historical  fact,  that  a  few  of  the  ancient  allodial  estates  resisted 
the  encroacliments  of  feudal  power,  and  were  still  in  existence  even  down  to 
the  time  of  the  French  revolution.  But  the  wars  and  political  revolutions  of 
the  last  century  have  left  nothing  of  the  feudal  system,  except  a  legal  vocabu- 
lary and  the  legal  fiction  which  acknowledges  the  ultimate  property  of  the 
nation,  by  right  of  its  sovereignty,  in  the  whole  territory  within  its  limits.  In 
France,  tlie  laws  now  permit  every  person  to  become  the  owner  of  land,  and 
favor  its  division  and  distribution  ;  so  that  the  number  of  proprietors  is  nearly 
eix  millions,  of  whom  five  millions  own  on  an  average  between  thnie  and  seven 
and  a  half  acres.     In  a  large  part  of  Germany,  also,  within  the  last  scvcnty-fivo 


Sites  for  District  School-Houses.  251 

years,  the  right  of  owning  land  has  been  granted  to  the  peasants.  In  S^^itzer- 
land,  which  was  formerly  most  intensely  feudal  and  aristocratic,  the  laws  have 
recently  abolished  all  aristocratic  privileges  and  distinctions.  Of  the  485,000 
heads  of  families,  it  is  said  that  465,000  possess  landed  property,  and  it  is  cal- 
culated that  of  the  2,534,243  inhabitants  of  Switzerland,  there  are  but  500,000 
having  no  landed  possession  ;  and  yet  30  per  cent  of  the  coimtry  is  uncultivated, 
or  occupied  by  water,  rocks  and  glaciers. 

According  to  the  census  of  1861,  the  soil  of  the  kingdom  of  Prussia  is  divided 
between  2,141,486  land  owners — Grundbesitzer — divided  very  unequally  among 
the  various  provinces.  More  than  half  of  the  proprietors  own  less  than  five 
morgen,  or  about  three  and  a  half  acres.  The  whole  population  was  18,497,458, 
of  whom  eight  millions  and  a  half  were  engaged  in  agriculture,  as  their  solo 
or  chief  occupation.  Of  these,  2,070,157  are  proprietors,  possessing  from  three 
acres  to  four  hundred  acres  and  more.  The  owners  of  three  acres  and  less 
number  1,052,126  ;  those  from  three  to  eighteen  acres  are  518,134 ;  from  18  to 
160  acres  387,741 ;  from  160  to  400  acres  17,675  ;  and  above  400  acres  14,481. 
As  a  rule,  the  least  populous  provinces  contain  the  largest  estates.  The  land 
is  said  to  be  passing  from  the  nobility  to  the  middle  classes.  This  change  is 
due  to  the  abolition  of  serfdom  and  the  right  of  the  peasants  to  become  the 
owners  of  land. 

If  we  tiu'n  to  the  two  duchies  of  Mecklenburg,  we  shall  see  a  different  state 
of  things.  The  population  of  Mecklenburg-Schwerin  is  548,449,  and  they  are 
nearly  all  serfs,  who  neither  own  land  nor  property  of  any  kind.  Of  the  soil 
of  the  duchy,  4,834  square  miles,  the  duke  owns  one-fifth,  the  nobility,  who 
number  624,  own  seven-tenths,  and  the  remaining  tenth  is  owTied  by  various 
corporations  and  monastic  institutions  for  Protestant  noble  ladies.  In  May, 
1864,  a  bill  passed  the  parliament  giN^ing  the  landed  proprietors  power  to  con- 
demn tlie  laborers  on  their  estates,  for  simple  "  neglect  of  service,"  to  a  week's 
imprisonment  and  "  twenty-five  blows  with  a  stick."  It  is  not  strange  that  the 
emigrants  from  this  duchy  to  America  number  nearly  ten  thousand  a  year.  Of 
the  other  duchy,  Mecklenburg-Strelitz,  containing  997  square  miles,  527  square 
miles  belong  to  the  grand  duke,  353  to  the  nobility,  and  117  to  the  town  corpo- 
rations. 

In  England,  at  the  conquest  (1066),  the  population  was  about  1,500,000.  In 
Doomsday  book,  the  number  of  persons  recorded  is  283,242,  which,  Mr.  llallam 
thinks,  alloAving  for  women  and  children,  may  be  roundly  called  1,000,000. 
When  the  great  survey  was  taken,  there  were  witliin  tlie  realm  45,700  laud- 
holders  ;  namely,  1,400  tenants  in  capiti  (including  ecclesiastical  corporations), 
7,871  under  tenants,  23,071  Sockmanni,  and  13,364  liheri  homines.  At  the  revolu- 
tion of  1688,  Gregory  King  estimated  the  population  of  England  at  5,500,000, 
of  whom  170,000  were  land  owners.  At  the  census  of  1861,  the  population  of 
England  was  20,066,224,  and  the  landed  proprietors  are  stated  at  only  30,760. 
If  we  add  to  this  number  5,000,  to  make  up  for  mistakes,  the  astonishing 
fact  still  appears,  that  tlie  land  owners  in  England  are  10,000  less  than 
they  were  800  years  ago,  and  135,000  less  than  they  were  200  years  ago. 
In  106G  the  land  holders  composed  about  one  in  twenty-five  of  the  popula- 


252  Sites  for  District  School-Houses. 

tion  ;  in  16S8,  about  one  in  tliirty-two,  and  in  1861  about  one  in  five 
hundred. 

Ralph  Waldo  Emerson,  in  his  book,  "English  Traits,"  says:  "The  Marquis 
of  Breadalbane  rides  out  of  his  house  a  hundred  miles  in  a  straight  line  to  the 
Bea  on  his  own  property.  The  Duke  of  Sutherland  owns  the  county  of  Suther- 
land, stretching  across  Scotland  from  sea  to  sea.  The  Duke  of  Devonshire, 
besides  his  other  estates,  owns  96,000  acres  in  the  county  of  Derby.  The  Duke 
of  Richmond  has  40,000  acres  at  Goodwood,  and  300,000  at  Gordon  Castle.  The 
Duke  of  Norfolk's  park,  in  Sussex,  is  fifteen  miles  in  circuit.  The  large 
domains  are  growing  larger.  In  1786  the  soil  of  England  was  owned  by 
250,000  corporations  and  proprietors,  and  in  1822  by  30,000.  Of  the  20.066,224 
population,  less  than  one-tenth,  1,934,110,  are  agriculturists.  Even  the  farms 
held  by  tenants  are  decreasing  in  number,  the  smaller  being  yearly  absorbed 
in  the  larger." 

A  recent  English  writer,  Mr.  Laing,  writing  in  1849,  says:  "In  Holland, 
Flanders,  Friesland,  about  the  estuaries  of  the  Scheldt,  Maese,  Rhine,  Ems, 
Weser,  Elbe  and  Eyder,  in  a  great  part  of  Westphalia,  and  other  districts  of 
Germany,  in  Denmark,  Sweden  and  Norway,  and  in  the  south  of  Europe,  in 
Switzerland,  the  Tyrol,  Lombardy  and  Tuscany,  the  peasants  have,  from  very 
early  times,  been  the  proprietors  of  a  great  portion  of  the  land.  France  and 
Prussia  have,  in  our  own  times,  been  added  to  the  countries  in  which  the  land  is 
di^^ded  into  small  estates  of  working  peasant  proprietors.  In  every  country  of 
Europe,  under  whatever  form  of  government,  however  remotely  or  indirectly 
affected  by  the  wars  and  convulsions  of  the  French  revolution,  and  however 
little  the  laws  and  institutions  of  the  government  may  as  yet  be  in  accordance 
with  this  social  condition  of  the  people,  the  tendency  during  this  century  has 
been  to  the  division  and  distribution  of  the  land  into  small  estates  of  a  working 
peasant  proprietary,  not  to  its  aggregation  into  large  estates  of  a  nobility  and 
gentry.  This  has  been  the  real  revolution  in  Europe.  The  only  exception  is 
Great  Britain.  The  tendency  with  us  during  the  present  century  has  been 
directly  the  reverse.  It  has  been  to  aggregate  small  estates  into  large,  and  in 
Scotland  and  in  a  great  part  of  England,  to  aggregate  small  tenant  occupancies 
into  large  farms." 

Mr.  Maine,  in  his  work  entitled  "  Ancient  Law,"  says :  "  The  kingship  of  our 
Anglo-Saxon  regal  houses  was  midway  between  the  chieftainship  of  a  tribe 
and  a  territorial  su])remacy,  but  the  superiority  of  the  Norman  monarchs, 
imitated  from  that  of  Franco,  was  distinctly  a  territorial  sovereignty.  Every 
subsequent  dominion  which  was  established  or  consolidated  was  formed  on  the 
later  model.  Spain,  Najiles  and  the  Principalities,  founded  on  the  ruins  of 
municipal  freedom  in  Italy,  were  all  under  rulers  whose  sovereignty  was 
territorial." 

In  England,  the  whole;  fabric  of  the  feudal  system  was  reared  iipon  the 
princii)le  that  the  national  territory  was  the  property  of  the  State.  The  boast 
of  Louis  XIV,  "  UFJirt,  (\'st  moi."  might  have  been  made  with  the  most  exact 
truth  by  the  concpu-ror  and  his  immediate  successors.  The  systcnn  in  England 
was  this :  In  the  crown  resided  the  duminum  directum  over  all  the  soil  of  the 


Sites  for  District  School-Houses.  253 

country,  and  from  it  alone  could  the  dominum  utile  be  derived.  {Sec  Reeves' 
Iluitonj  of  English  Law,  volume  1,  page  37.)  The  division  of  the  land  was  into 
three  parts — first,  the  crown  lands ;  secondly,  the  fiefs  granted  on  condition  of 
the  render  of  military  or  other  services  and  the  payments  of  rents  ;  and,  thirdly, 
the  estates  of  the  church,  also  held  for  appropriate  considerations.  To  these,  in 
the  almost  endless  subdividance  of  subinfeudation,  there  were  tenants  from  the 
lionorablc  position  of  knights  and  freeman  down  to  the  servile  cultivators  and 
adscripti  gleba.  But  the  land,  although  in  the  occupation  of  individuals,  was 
always  recognized  as  the  property  of  the  State,  and,  as  its  representative  and 
the  source  of  law  and  administration,  the  king  was  lord  paramount  over  all  liis 
dominions. 

Such  is  the  law  of  England,  and  such  was  the  law  in  this  State  until  1776 
and  1787,  when  some  modifications  were  made  by  our  statutes.  The  common 
law  of  England  was  declared  to  be  the  law  of  this  State,  except  so  far  as  it 
should  be  changed  by  statute.  Two  great  changes  have  entirely  abolished  the 
feudal  system  and  the  laws  of  primogeniture.  The  statute  of  1787  declared  all 
lands  in  the  State  to  be  allodial.  This  word  is  thus  defined  in  Gregory's  Dic- 
tionary :  Allodial,  an  epithet  given  to  an  inheritance  without  any  acknowl- 
edgment to  a  lord  or  superior  ;  in  opposition  to  feudal.  Allodial  lands  are  free 
lands,  for  which  neither  fees,  rents  nor  services  are  due.* 


*  Ai.LODi.^i..— -l/todJi/OT,  in  Middle  Ajje  Latin,  was  an  estate  held  in  ahso'iite  po=?e>^sion 
without  a  feudal  superior.  {Blackstone.)  The  dorivation  has  been  much  disputed,  and 
little  lipjht  has  been  thrown  upon  it  by  the  various  guesses  of  ar.iiqu  riaris.  Tlie  win-d 
appears  as  early  as  the  n:nth  century,  under  ihe  forms  a'odis,  alodus.uloilium.alandam; 
and.  in  French.  ale>\  al(u-franc.franc-alovd,franccdoi,franc-alevf.  Tiie  general  t^ensc  is 
th.it  of  an  estate  held  in  absolute  possession. 

"Mere  praedinm  i>ossessionis  hereditaria,  hoc  est,  nlodum  nostrum  qui  est  in  pago 
Andieavensi."  (.4  deed  of  the  year  S^^.  in  Ducange.)  Translated  it  is:  "A  farm  in  my 
hereditary  possession,  that  is,  my  allodium  which  is  in  the  .\ndigaveiisian  country." 

'' Alavdum  meum  sive  hereditatem  quam  dedit  mihi  pater  mens  in  die  nuptiarnm 
mcarnm.'"  '' My  aHodivm,  or  the  inheritance  that  my  father  bestowed  upon  me  on  the 
day  of  my  marriacrc." 

"Paternte  ha^riditatae,  quam  nostrates  a/o(?iwm  vel  patrimoninm  vocant,  sese  conlulit." 
"  He  betoolt  himself  to  his  paternal  estate  which  our  people  call  allodium,  or  patrimony." 

It  is  often  opposed  to  a  f.ef.  "llfficantem  fuerunt  ca— quje  de  allodiis  sive  prapdiis  in 
feudnm  commutavit  Adela."  "  These  were  the  same  h\nds  which  Adela  changed  from  allo- 
dial or  free  lands  into  feudal  lands." 

It  is  taken  for  an  e?tate  free  from  duties.  "Habemus  vinore  agripennum  unum  allodi- 
aliter  immuncni,  lioc  est  ab  orani  census  et  vicariaj  redhibitione  liberum."  "We  have 
one  little  vineyard  allodially  exempt,  that  is,  free  from  every  kind  of  public  tax  or 
charge." 

'•  Rcddit  ea  terra  2  den.  census  cum  ante  semper  alodium  fuissct"  '•  This  land,  which 
was  always  heretofore  allodial,  is  now  registered  for  a  tax  of  two  denarii." 

It  can  hardly  be  wholly  distinct  from  Icelandic  odal.  which  is  used  in  much  the  same 
sense:  "Allodium,  prnedium  hereditarinm  ;  an  inheritable  farm  :  "  "0(iafc->"'rf.  pr-'^'li"™ 
hereditarium  ;  odalborinn.  natns  ad  hcredinm  avitum  ;  born  to  an  ancestral  estate;  that 
is.  one  in  the  direct  line  from  the  first  owner:"  '' odals-madr,  dom:nn3  allodialis,  stricto 
primu^  occup.ms:  an  allodial  lord,  strictly  the  first  occupant." 

Danish  and  'Swedish,  ode',  a  patrimonial  estute.  The  landed  proprietors  of  the  Phetland 
islands  are  still  called  udallers,  according  to  Sir  Walter  Scott.    The  Icelandic  odal  is  also 


254  Sites  for  District  School-Houses. 

But  altliougli  the  tenure  of  land  was  chanf!:ed  from  feudal  to  allodial,  the 
ultimate  property  was  still  declared  to  be  in  the  people.  It  follows,  therefore, 
that  every  owner  of  land  in  the  State  is  the  tenant  of  the  people,  and  holds  his 
title  subject  to  the  paramount  right  of  the  people. 

The  logical  consequence  of  this  territorial  sovereignty  of  the  people,  or  the 
State,  is  thus  expressed  by  John  Stuart  Mill,  in  his  "Principles  of  Political 
Economy,"  volume  1,  page  285 : 

"  Landed  property  is  felt,  even  by  those  most  tenacious  of  its  rights,  to  be  a 
different  thing  from  other  property  ;  and  when  the  bulk  of  the  community  have 
been  disinherited  of  their  share  of  it,  and  it  has  become  the  exclusive  attribute 
of  a  small  minority,  men  have  generally  tried  to  reconcile  it  to  their  sense  of 
justice  by  endeavoring  to  attach  duties  to  it,  and  erecting  it  into  a  sort  of 
magistracy,  either  moral  or  legal.  But  if  the  State  is  at  liberty  to  treat  the 
possessors  of  land  as  public  functionaries,  it  is  only  going  one  step  further  to 
Bay  that  it  is  at  liberty  to  discard  them.  The  claim  of  the  land  owners  to  the 
land  is  altogether  subordinate  to  the  general  policy  of  the  State.  The  princi- 
ple of  property  gives  them  no  right  to  the  lands,  but  only  a  right  to  compensa- 
tion for  whatever  portion  of  their  interest  in  the  land  it  m^ay  be  the  policy  of 
the  State  to  deprive  them  of." 

In  feudal  times  the  king  in  England,  or  the  chief  lord,  could  resume  his 
land  at  his  pleasure,  and  the  corollary  here  drawn  by  Mr.  Mill,  from  the  feudal 
law,  is  now  established  in  constitutional  practice. 

Our  Constitution,  article  1,  section  G,  declares  that  private  property  shall  not 
be  taken  for  public  use  without  just  compensation.  The  clause  was  borrowed 
from  the  fifth  article  of  the  amendments  of  the  United  States  Con.stitution, 
proposed  at  the  First  Congress,  1789,  and  approved  by  the  Legislatures  of  three- 
fourths  of  the  States. 

used  in  the  sense  of  abandoned  goods :  "  at  legglafyrer  odal ;  to  abandon  a  thing ;  to  leave 
it  to  be  taken  by  the  first  occupier," 

If  the  Middle  Latin  alodis,  alodum,  is  identical  with  the  Icelandic  word,  it  exhibits 
a  singular  transposition  of  syllables.  Ihre  would  account  for  allodium  from  the  com- 
pound "alldha  odhol "  mentioned  in  the  Gothic  laws,  an  ancient  inheritance,  from  all- 
dratas,  antiquitas,  and  odal,  inheritance,  as  allda-vinr,  an  ancient  friend ;  aldcr-hxfd, 
A  possession  of  long  standing. 

Ihre  supposes  the  root  of  odel  to  be  od,  and,  primarily  meaning  possession  ;  and  this  is 
confirmed  by  the  legal  signification  of  the  word,  which,  in  strictness,  is  a  prescriptive  title 
acquired  by  thirty  years  continuous  possession.  It  was  also  the  highest  title  known  in 
Scandinavian  jurisprudence,  and  the  domain  of  the  crown  was  said  to  be  held  by  it.  Exam- 
ples of  its  usn  in  this  latter  sense  will  be  found  in  Harold's  Saga  ens  Ilar/agra,  c.  vi. ;  in 
the  HeimsJatngla,  and  in  the  Saga  Olafs  Tnjggrasonar,  c.  13,  97. 

"The  writers  on  this  subject  define  allodium  to  be  every  man's  own  land,  which  he  pos- 
ecsseth  merely  in  his  own  right,  without  owing  any  rent  or  service  to  any  superior." 
{Blacketone.) 

"  Tliia  allodial  property  no  subject  in  England  has,  it  being  a  received,  and  now  an  unde- 
niable, principle  in  law,  that  all  the  lands  in  England  are  holdeu  mediately  or  immediately 
of  the  king  "  {lUackstone.) 

"  Allodium  is  a  law  word  contrary  iofeudiim,  and  it  signifies  land  that  holds  of  nobody. 
Wc  have  no  such  land  in  England.  'Tis  a  true  proposition,  all  land  in  England  is  held, 
mediately  or  immediately,  of  the  king."  {Selden's  Table  Talk.) 

The  word  has  also  been  derived  from  all  and  odh,  meaning  all  property,  or  whole  estate. 
This  is  a  very  plausible  etymology.  "All"  and  "whole"  are  the  same  word  diflerently 
epelt 


Sites  for  Distkict  School-Houses.  255 

How  it  may  be  taken  is  pointed  out  in  section  seven :  "  Wlieu  private  prop- 
erty shall  be  taken  for  any  public  use,  the  compensation  to  be  made  therefor, 
when  such  compensation  is  not  made  by  the  State,  shall  be  ascertained  by  a 
jiuy,  or  by  not  less  than  three  commissioners  appointed  by  a  court  of  record, 
as  shall  be  prescribed  by  law.  Private  roads  may  be  opened  in  the  manner  to 
be  prescribed  by  law ;  but  in  every  case  the  necessity  of  the  road,  and  the 
amount  of  all  damage  to  be  sustained  by  the  opening  thereof,  shall  be  first 
determined  by  a  jury  of  freeholders,  and  such  amount,  together  with  the 
expenses  of  the  proceeding,  shall  be  pjyd  by  the  person  benefited." 

Section  eleven,  of  article  first,  asserts  the  dominion  of  the  State  over  land  as 
follows :  "  The  people  of  this  State,  in  their  right  of  sovereignty,  are  deemed 
to  possess  the  original  and  ultimate  property  in  and  to  all  lands  within  the 
jurisdiction  of  the  State;  and  all  lands,  the  title  to  which  shall  fail,  from  a 
defect  of  heirs,  shall  revert  or  escheat  to  the  people." 

The  tenure  of  land  in  this  State  is  declared  in  sections  twelve  and  tliirteen 
of  article  first : 

§  12.  All  feudal  tenures  of  every  description,  with  all  their  incidents,  are 
declared  to  be  abolished,  sa\ing,  however,  all  rents  and  services  certain  which 
at  any  time  heretofore  have  been  lawfully  created  or  reserved. 

§  13.  All  lands  within  this  State  are  declared  to  be  allodial,  so  that,  subject 
only  to  the  liability  to  escheat,  the  entire  and  absolute  property  is  vested  in 
the  owners,  according  to  the  nature  of  their  respective  estates. 

The  words  of  the  Constitution  are  nearly  the  same  as  the  words  of  the 
Revised  Statutes,  which  took  effect  January  1,  1830,  section  2,  title  1,  chapter 
1,  part  3. 

§  3.  All  lands  within  this  State  are  declared  to  be  allodial,  so  that,  subject  only 
to  the  liability  to  escheat,  the  entire  and  absolute  property  is  vested  in  the 
owners,  according  to  the  nature  of  their  respective  estates ;  and  all  feudal 
tenures  of  every  description,  with  all  their  incidents,  are  abolished. 

^  3.  The  abolition  of  tenures  shall  not  take  away,  or  discharge,  any  rents  or 
services  certain,  which  at  any  time  heretofore  have  been,  or  hereafter  may  be, 
created  or  reserved ;  nor  shall  it  be  construed  to  affect  or  change  the  powers  or 
j  urisdiction  of  any  court  of  j  ustice  in  this  State. 

The  language  of  these  two  sections  is  substantially  borrowed  from  the  act 
concerning  tenures,  passed  February  20,  1787,  section  six :  "  And  be  it  further 
enacted  by  the  authority  aforesaid,  that  the  tenure  upon  all  gifts,  grants  and 
conveyances  heretofore  made,  or  hereafter  to  be  made,  of  any  manors,  lands, 
tenements,  or  hereditaments,  of  any  estate  of  inheritance,  by  any  letters  patent 
under  the  great  seal  of  this  State,  or  in  any  other  manner,  by  the  people  of 
this  State,  or  by  the  commissioners  of  forfeitures,  shall  be  and  remain  allodial,  and 
not  feudal,  and  shall  forever  be  taken  and  adj  udged  to  be  and  continue  in  free 
and  pure  allodium  only ;  and.  shall  be  forever  discharged  of  all  icard^hip,  vaha 
and  forfeiture  of  marriage,  livery,  primer  seisin,  ousterlemain,  relief  aid  pur  file  mar- 
rier,  aid  pur- fair  fitz  chivalier.  rents,  renderz,  fealty,  and  all  other  services  whatso 
ever ;  any  law,  statute,  reservation,  custom  or  usage  to  the  contrary  hereof  in 
anywise  notwithstanding." 


256  Sites  for  District  School-Houses. 

It  is  left  to  tlie  Legislature  to  determine  the  necessity  of  taking  private 
property.  If  a  fort  or  an  arsenal  is  to  be  built,  if  a  turnpike  or  canal  or  railroad 
is  to  be  made,  if  a  street  or  alley  is  to  be  laid  out,  if  a  capitol  or  court-house  is 
to  be  erected,  if  a  school-house  site  is  wanted,  or  if  a  private  road  is  demanded, 
the  rights  of  private  persons  are  made  subservient  to  those  of  the  community 
at  large,  and  as  much  land  is  seized  and  confiscated  as  may  be  considered  neces- 
sary for  the  object  in  view,  with  or  without  the  consent  of  the  owner,  whilst 
he  is  not  permitted  to  fix  his  own  price.  If  the  State  take  it,  the  compensa- 
tion is  fixed  by  the  Legislature.  If  a  railroad,  or  any  public  corporation  take 
it,  the  price  is  fixed  by  a  j  ury,  or  by  commissioners  appointed  by  a  court  of 
record.     A  jury  of  freeholders  assesses  the  damage  of  laying  out  a  private  road. 

The  manner  in  which  lawyers  soften  down  or  gloss  over  the  exercise  of  this 
right  may  be  seen  by  the  following  extract  from  Mr.  Strgeant  Stephen's  Black- 
stone,  volume  1,  page  166,  fourth  edition  : 

■'  No  unnecessary  violation  of  the  rights  of  property  is  in  any  instance 
allowed  by  our  law.  If  a  new  road,  for  example,  is  to  be  made  through 
the  grounds  of  a  private  person,  in  a  case  where  it  would  be  extensively  bene- 
ficial to  the  public,  the  Legislature  never  permits  itself  to  do  this  without  the 
consent  of  the  owner  of  tlie  land,  or  at  least  without  securing  to  him  u  conijikte 
inc/emnijicution.  In  vain  may  it  be  urged  that  the  good  of  the  individual  ought 
to  yield  to  that  of  the  community.  The  true  principle  applicable  to  all  such 
cases  is  one  to  which  we  have  had  occasion  already  to  refer,  and  which  is  con- 
stantly borne  in  mind  by  the  law,  viz.,  that  the  private  interest  of  the  individ- 
ual is  never  to  be  sacrificed  to  a  greater  extent  than  is  necessary  to  secure  a  public 
benefit  of  adequate  importance.  The  public,  therefore,  in  all  such  transactions,  is 
considered  as  an  individual  treating  with  an  individual  for  an  exchange.  All 
the  Legislature  does  is  to  oblige  the  oiuner  to  alienate  his  possession  for  a  reasonable 
price." 

The  last  sentence  is  not  quite  consistent  with  the  preceding  one,  for  if  one 
individual  desired  to  exchange  properties  with  his  neighbor,  or  to  take  his 
neighbor's  farm  for  a  sum  of  money,  it  may  be  reasonably  doubted  whether 
the  exchange  could  be  effected  by  giving  a  reasonable  price  to  be  fixed  by 
himself.     But  this  is  just  what  the  State  does  in  all  such  cases. 

The  courts  have  defined  this  power  of  "  eminent  domain  "  in  language  rather 
more  positive  than  that  employed  by  Sergeant  Stephen. 

The  Parliament  of  Great  Britain  possesses  tlie  power  of  taking  private  prop- 
erty for  public  uses  without  compensation.  Every  government  has  this  power, 
and  may  exercise  it  under  such  restraints  and  limitations  as  may  be  fixed  by 
its  Constitution  and  laws.  {7'he  Governor,  etc.,  of  Cast  Plate  MavMfacturing  Com- 
pany V.  Meredith,  4  Term  Reports,  764.) 

Our  people  and  the  framers  of  our  laws  understood  perfectly  the  extent  of 
this  power,  and  therefore,  to  guard  against  the  abuse  of  it,  the  provision  pro- 
hibiting the  taking  of  private  property  without  compensation  was  inserted  in 
the  Constitutions  of  New  Hampshire,  Massachusetts,  New  York,  and  several 
other  States.  Tliis  prohibition  was  not  contained  in  the  Constitution  of  SoutI/ 
Carolina,  and,  accordingly,  it  has  been  held  that  the  State  may  talie  private 
property  for  public  use  without  compensation.  The  Legislature  of  a  State, 
Unless  restricted  by  the  State  Constitution,  would  even  have  power  to  tako 


Sites  for  District  School-Houses.  257 

private  property  for  private  use.  {Stark  v.  Mc Govern,  1  Nblt  &  McCord's  \^South 
Carolina]  lieports,  387.) 

The  eminent  domain  remains  in  the  government,  or  in  the  aggregate  body 
of  the  people  in  their  sovereign  capacity ;  and  they  can  resume  the  possession 
of  private  property,  not  only  when  the  safety,  but  also  when  the  interest,  or  even 
the  convenience  of  the  State  is  concerned ;  as  when  the  land  is  wanted  for  a 
road,  canal,  or  other  public  improvement. 

The  only  restriction  upon  the  power  of  the  people  to  resume  the  possession 
of  property  for  the  purpose  of  an  internal  improvement,  in  which  the  public  or 
the  inhabitants  of  any  particular  section  of  the  State,  as  citizens  merely,  have 
an  interest,  is,  that  the  property  cannot  be  taken  for  such  public  use  without 
just  compensation  to  the  owner  and  in  the  mode  prescribed  by  law. 

It  belongs  to  the  Legislature  to  determine  whether  the  benefit  to  the  public 
from  such  improvement  is  of  sufficient  importance  to  justify  their  exercise  of 
the  right  of  eminent  domain,  in  thus  interfering  with  the  private  rights 
of  individuals. 

In  cases  of  public  improvements,  from  which  a  benefit  would  result  to  the 
public,  this  right  of  eminent  domain  may  be  exercised  directly  by  the  agents 
of  the  government,  or  through  the  medium  of  corporate  bodies,  or  by  means 
of  individual  enterprise.  {Deekman  v.  Saratoga  and  Schenectady  Railroad  Company, 
3  Paige's  Chancery  Reports,  page  45.) 

The  power  to  take  private  property  has  been  granted  by  the  Legislature  for 
the  construction  of  public  highways,  turnpikes,  bridges,  ferries,  canals,  plank- 
roads  and  railroads.  It  has  been  given  to  cities  and  towns  and  villages,  for 
making  streets,  alleys  and  sewers,  and  to  private  persons  for  the  purpose  of 
making  private  roads.  A  like  power  has  been  granted  to  the  owners  of  mill- 
sites,  to  flow  the  lands  upon  a  stream  for  the  accumulation  of  water  necessary 
to  turn  the  water-wheels  of  a  mill.  The  same  power  has  been  exercised  in  the 
laws  that  have  authorized  the  draining  of  swamps  and  marshes,  and  the  assess- 
ment of  the  expense  upon  the  owners  of  the  lands  benefited  by  the  improve- 
ment. The  taking  of  land  and  the  occupation  of  streets  for  aqueducts,  to  bring 
water  to  cities  and  villages,  are  authorized  by  the  same  power.  Gas  companies 
for  lighting  the  streets  and  public  buildings  have  the  same  right,  and  now  the 
Legislature  has  authorized  the  taking  of  land  for  school-house  sites.  {Laws  of 
1772 ;  Kent  and  Rad.  Ed.  Laivs,  volume  2,  page  49,  section  3  ;  Act  of  April  18, 1825. 
Draining  marshes  of  the  Seneca  river,  Laivs  of  1818,  page  115  ;  chapter  25,  Laws  of 
1807 ;  Laics  of  182G.  page  247  ;  2d  Ed.  R.  S.,  page  548  ;  1  John.  Ch.  R.,  143.) 

Herbert  Spencer,  in  his  "  Social  Statics,"  page  119,  in  an  imaginary  conver- 
sation between  himself  and  an  American  squatter,  puts  the  following  case  in 
illustration  of  this  power : 

'  "  Suppose  now  that  in  the  course  of  your  wanderings  you  come  upon  an 
empty  house,  which,  in  spite  of  its  dilapidated  state,  takes  your  fancy;  sup- 
pose that  with  the  intention  of  making  it  your  abode  you  expend  much  time 
and  trouble  in  repairing  it ;  that  you  paint,  and  paper,  and  whitewash,  and  at 
considerable  cost  bring  it  into  a  habitable  state  ;  suppose  further,  that  on  some 
fatal  day  a  stranger  is  announced  who  turns  out  to  be  the  heir  to  whom  this 
house  has  been  bequeathed,  and  that  this  professed  heir  is  prepared  with  all 
S3 


258  Taxation  of  Baistks. 

the  necessary  proof  of  his  identity,  what  becomes  of  your  improvements  ?  Do 
they  give  you  a  valid  title  to  the  house  ?  Do  they  quash  the  title  of  the  original 
claimant  ?  Xo.  Neither,  then,  do  your  pioneering  operations  give  you  a  valid 
title  to  this  land ;  neither  do  they  quash  the  title  of  its  original  claimants — the 
human  race.  The  world  is  God's  bequest  to  mankind.  All  men  are  joint 
heirs  to  it ;  you  amongst  the  number.  And  because  you  have  taken  up  your 
residence  on  a  certain  part  of  it,  and  have  subdued,  cultivated  and  beautified 
that  part  (improved,  as  you  say),  you  are  not  therefore  warranted  in  appropri- 
ating it  entirely  as  your  private  property.  At  any  rate,  if  you  do,  you  may  at 
any  moment  be  justly  expelled  by  the  lawful  owner — society." 

K  society  should  exercise  its  lawful  power,  as  individuals  exercise  the  power 
given  to  them  by  the  laws  over  their  private  estates,  what  results  might  not 
we  expect  ? 

The  Duke  of  Sutherland  ejected  from  his  domain,  the  county  of  Sutherland, 
not  many  years  ago,  more  than  fifteen  thousand  persons,  and  turned  their 
farms  into  sheep-walks.  Other  proprietors  in  the  Highlands  have  done  the 
same  to  make  sheep-pastures,  and  reserves  for  the  shooting  of  snipe  and 
woodcock. 

In  Ireland  the  landlords,  by  ejectments  and  evictions,  have  dispossessed 
thousands  and  thousands  of  tenants,  in  order  that  the  small  holdings  might 
be  absorbed  in  large  farms. 

The  Irish  and  Scotch,  as  many  as  can  find  means  to  cross  the  ocean,  have 
come  to  America,  and  thousands  more,  driven  from  their  homes,  to  make  room 
for  cattle  and  sheep,  hoimds  and  hunters,  because  it  is  for  the  real  or  fancied 
interest  of  the  landlords,  have  crowded  into  the  uaanufacturing  districts,  or 
cities,  of  Scotland  and  England. 

If  the  30,000  land  owners  of  England  should  take  it  into  their  heads  to  eject 
all  tenants  from  their  lands,  what  would  they  do  more  than  has  been  done  by 
the  Scotch  and  English  landlords?  They  would  be  simply  exercising  the 
power  which  the  law  has  lodged  in  their  hands.  For  everj'  tenant  who 
remains  in  possession  after  the  expiration  of  the  term  of  his  lease,  and 
against  the  will  of  his  landlord,  may  be  ejected  by  law.  And  persons  who 
enter,  without  permission,  another's  land,  are  trespassers. 


CHAP.  761. 

AN  ACT  authorizing  the  Taxation  of  Stockholders  of  Banks,  and 

the  Surplus  Funds  of  Savings  Banks. 

Passed  April  23,  1866, 
The  People  of  the  State  ofJVeio  York,  represented  in  /Senate  and 
Assembly,  do  enact  as  follows: 

Section  I.  No  tax  shall  hereafter  be  assessed  upon  the  capital 
of  any  bank  or  banking  association  organized  under  the  authority 
of  this  State  or  of  the  United  States,  but  the  stockholders  in  such 
banks  and  banking  associations  shall  be  assessed  and  taxed  on  the 


Taxatiox  op  Banks.  259 

value  of  their  shares  of  stock  therein ;  said  shares  shall  be  included 
in  the  valuation  of  the  personal  property  of  such  stockholder,  in 
the  assessment  of  taxes  at  the  place,  town  or  ward  where  such 
bank  or  banking  association  is  located,  and  not  elsewhere,  whether 
the  said  stockholder  reside  in  said  place,  town  or  ward,  or  not, 
but  not  at  a  greater  rate  than  is  assessed  upon  other  moneyed 
capital  in  the  hands  of  individuals  in  this  State.  And  in  making 
such  assessment  there  shall  also  be  deducted  from  the  value  of 
such  shares  such  sum  as  is  in  the  same  proportion  to  such  value  as 
is  the  assessed  value  of  the  real  estate  of  the  bank  or  banking  asso- 
ciation, and  in  which  any  portion  of  their  capital  is  invested,  in 
which  said  shares  are  held,  to  the  whole  amount  of  the  capital 
stock  of  said  bank  or  banking  association.  And  provided,  further, 
that  nothing  herein  contained  shall  be  held  or  construed  to  exempt 
from  taxation  the  real  estate  held  or  owned  by  any  such  bank  or 
banking  association ;  but  the  same  shall  be  subject  to  State,  county, 
municipal  and  otlier  taxation,  to  the  same  extent  and  rate  and  in 
the  same  manner  as  other  real  estate  is  taxed. 

§  2.  Every  individual  banker,  doing  banking  business  under  the 
laws  of  this  State,  is  hereby  required  to  declare  upon  oath  before 
the  assessor  the  amount  of  capital  invested  in  such  banking  busi- 
ness, and  each  one  hundred  dollars  of  such  capital,  for  the  purpose 
of  this  act,  and  for  the  purpose  of  taxation,  shall  be  held  and 
regai'ded  as  one  individual  share  in  such  banking  business,  and 
such  shares  are  hereby  declared  to  be  personal  property.  If  such 
banker  have  partners,  he  shall  declare  upon  oath  before  the  asses- 
sor the  number  of  shares  held  by  each  of  them  in  such  banking 
business,  ascertained  as  above  provided,  and  the  shares  so  held  by 
any  partner  shall  be  included  in  the  valuation  of  his  taxable  prop- 
erty in  the  assessment  of  all  taxes  levied  in  the  toAvn,  school  dis- 
trict or  ward  where  such  individual  banker  is  located,  and  not 
elsewhere;  and  such  individual  banker  shall  pay  the  same  and 
make  the  amount  so  paid  a  charge  in  the  accounts  with  such  part- 
ners ;  and  if  such  individual  banker  have  no  partners  he  shall  be 
held  to  be  sole  owner  of  all  the  shares  in  such  business  of 
banking,  and  the  same  shall  be  included  in  the  valuation  of  his 
personal  property  in  the  assessment  of  all  taxes  levied  in  the  tOAvn, 
school  district  or  ward  where  his  bank  is  located,  and  not  else- 
where. 


260  Taxation  of  Banks. 

§  3.  There  shall  be  kept  at  all  times  in  tlie  office  where  the 
business  of  such  bank  or  banking  association,  organized  under  the 
authority  of  this  State  or  of  the  United  States,  shall  be  transacted, 
a  full  and  correct  list  of  the  names  and  residences  of  all  the  stock- 
holders therein,  and  of  the  number  of  shares  held  by  each  ;  and 
such  list  shall  be  subject  to  the  inspection  of  the  officers  author- 
ized to  assess  taxes  during  the  business  hours  of  each  day  in  which 
business  may  be  legally  transacted. 

§  4.  Sections  ten  and  eleven  of  chapter  ninety-seven  of  the  Ses- 
sion Laws  of  eighteen  hundred  and  sixty-five  are  hereby  repealed. 

§  5.  When  the  owner  of  stock  in  any  bank  or  banking  associa- 
tion, organized-  under  the  laws  of  this  State  or  of  the  United 
States,  shall  not  reside  in  the  same  place  where  the  bank  or  bank- 
ing association  is  located,  the  collector  and  county  treasurer  shall, 
respectively,  have  the  same  jjowers  as  to  collecting  the  tax  to  be 
assessed  by  this  act,  as  they  have  by  statute,  when  the  person 
assessed  has  removed  from  the  town,  ward  or  county  in  which  the 
assessment  was  made  ;  and  the  county  treasurer,  receiver  of  taxes, 
or  other  officers  authorized  to  receive  said  tax  from  the  collector, 
may,  all  or  either  of  them,  have  an  action  to  collect  the  tax  from 
the  avails  of  the  sale  of  his  shares  of  stock,  and  the  tax  on  the 
share  or  shares  of  said  stock  shall  be  and  remain  a  lien  thereon 
till  the  payment  of  said  tax. 

§  6.  For  the  purpose  of  collecting  such  taxes,  and  in  addition 
to  any  other  laws  of  this  State,  not  in  conflict  with  the  Constitu- 
tion of  the  United  States,  relative  to  the  imposition  of  taxes,  it 
shall  be  the  duty  of  every  such  bank  or  banking  association,  and 
the  managing  officer  or  officers  thereof,  to  retain  so  much  of  any 
dividend  or  dividends  belonging  to  such  stockholders  as  shall  be 
necessary  to  pay  any  taxes  assessed  in  pursuance  of  this  act,  xintil 
it  shall  be  made  to  appear  to  such  officers  that  such  taxes  have 
been  paid. 

§  7.  The  privileges  and  franchises  granted  by  the  Legislature  of 
the  State  to  savings  banks  or  institutions  for  savings,  are  hereby 
declared  to  be  personal  property,  and  liable  to  taxation  as  such  in 
the  town  or  ward  Avhere  they  are  located,  to  an  amount  not 
exceeding  the  gross  sum  of  their  surplus  earned,  and  in  the  posses- 
sion of  said  banks  or  institutions ;  and  the  officers  of  such  institu- 
tions or  banks  may  be  examined  on  oath,  by  assessors,  as  to  the 


Fines  Used  for  School  Purposes.  261 

amount  of  such  surplus;  and  the  property  of  such  banks  and 
institutions  shall  be  liable  to  seizure  and  sale  for  the  payment  of 
all  taxes  assessed  upon  them  for  said  privileges  and  franchises. 
§  8.  This  act  shall  take  eifect  immediately. 


CHAP.   889. 
AN  ACT  providing  for  the  Application  of  Moneys  hereafter  col- 
lected in  the  Metropolitan  Excise  District  for  Certain  Fines  and 
from  Licenses  for  the  Sale  of  Liquors. 

Passed  May  10,  1867 ;  three-fifths  being  present. 
The  People  of  the  State  of  New  York,  represented  in  Senate  and 
Assembly,  do  enact  as  follows : 

Section  1.  From  and  after  the  first  day  of  May,  one  thousand 
eight  hundred  and  sixty-seven,  the  treasurer  of  the  Metropolitan 
board  of  excise  shall  pay  over  all  sums  received  by  him  for 
licenses  and  fines  as  follows :  All  such  sums  as  are  received 
for  licenses  granted  in  the  city  of  Brooklyn,  and  for  fines  imposed 
for  offenses  in  said  city,  to  the  commissioners  of  the  sinking  fund  of 
the  city  of  Brooklyn,  to  be  applied  by  them,  without  deduction,  to 
the  extinction  of  the  debt  of  said  city ;  all  such  sums  as  may 
be  received  from  the  towns  in  the  county  of  Richmond  to  the 
commissioner  of  common  schools  in  said  county,  to  be  by  him 
apportioned  among  the  several  school  districts  in  said  county 
ratably  in  proportion  to  the  number  of  scholars  attending  school 
in  each,  and  applied  for  the  maintenance  of  the  schools  and  the 
erection  and  improvement  of  school  buildings  therein  respectively; 
in  the  towns  of  Kings  county,  except  the  city  of  Brooklyn,  to  the 
commissioner  of  schools,  the  money  received  from  each  town  to  be 
apportioned  by  him  among  the  several  school  districts  in  such 
town,  in  proportion  to  the  number  of  scholars  attending  school  in 
each  district,  and  applied  for  school  purposes;  and  in  the  towns  of 
Queens  county,  to  the  highest  officer  having  the  general  charge  of 
schools  in  said  county,  to  be  by  him  distributed  in  like  proportion 
among  the  towns  from  Avhich  it  is  received,  and  to  be  applied 
for  like  purposes.  But  before  paying  over  such  sums,  the  said 
treasurer  shall  deduct  the  proper  proportion  of  the  expenses  of 
said  board,  and  the  ten  per  cent  now  provided  by  law  to  be  paid 


262  OiyPHAN  Asylum  —  Security. 

to  the  State  inebriate  asylum.  He  shall  also  deduct,  from  the  sums 
received  from  Brooklyn,  any  sum  now  j^vovided  by  law  to  be  paid 
to  the  inebriates'  home. 

§  2.  This  act  shall  take  effect  immediately. 


OHAP.   261. 

[Laios  of  1S50,  page  500.] 
AN  ACT  to  provide  for  the  Better  Education  of  the  Children  in 
the  Sevei'al  Orj^han  Asylums  in  this  State,  other  than  in  the  City 
of  New  York. 

Passed  April  10, 1850. 

The  People  of  the  State  of  N'eio  YorJc^  represented  in  Senate  and 
Assembly^  do  enact  as  folloios : 

Section  1.  The  schools  of  the  several  incorporated  orphan  asy- 
lum societies  in  this  State,  other  than  those  in  the  city  of  New 
York,  shall  participate  in  the  distribution  of  the  school  moneys, 
in  the  same  manner  and  to  the  same  extent,  in  proportion  to  the 
number  of  children  educated  therein,  as  the  common  schools  in 
their  respective  cities  or  districts. 

§  2.  The  schools  of  said  societies  shall  be  subject  to  the  rules  and 
regulations  of  the  common  schools  in  such  cities  or  districts,  but 
shall  remain  under  the  immediate  management  and  direction  of 
the  said  societies  as  heretofore. 


CHAP.  78. 

[Laws  0/1866,  page  149,  volume  1.] 
AN  ACT  in  relation  to  the  Security  to  be  given  by  Supervisors 

of  Towns. 

Passed  February  28,  1866. 

The  People  of  the  State  of  JVew  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  In  addition  to  the  bond  or  bonds  that  the  supervis- 
ors of  the  several  towns  in  this  State  are  now  by  law  required  to 
execute,  the  supervisor  of  every  town  in  this  State,  which  has  a 
local  school  fund  belonging  to  said  town,  shall,  before  entering 
upon  the  duties  of  his  office,  execute  a  bond,  with  two  or  more 


School  Commissioner  Districts.  268 

sufficient  sureties,  in  double  the  amount  of  all  school  moneys, 
funds  or  securities  belonging  to  such  town,  and  which  by  law  is 
under  the  control  or  in  the  custody  of  the  supervisor  of  such  town ; 
such  bond  to  be  in  accordance  with  the  requirements  of  section 
twenty  of  chapter  one  hundred  and  seventy-nine,  Laws  of  eighteen 
hundred  and  fifty-six,  and  subject  to  all  the  provisions  thereof, 
except  as  herein  specified. 

Section  20,  cliapter  17^,  Laws  of  1856,  has  been  amended  by  section  31  of  title 
III  of  the  Laws  of  1864.  (Ayite,  p.  62.)  It  would  seem  that  a  separate  bond  for 
the  security  of  the  "  moneys,  funds  and  securities "  belonging  to  the  towns 
must  be  given. 


CHAP.  38. 

AN  ACT  to  make  the  Town  of  Chester  a  Part  of  the  Second  School 
Commissioner's  District  of  Orange  County. 

Passed  February  15, 1867. 

The  People  of  the  State  of  Nexo  York,  represented  in,  Senate  and 
Assanhly,  do  enact  as  follows : 

Section  1.  The  town  of  Chester,  in  Orange  county,  is  hereby 
declared  to  be  and  shall  form  a  part  of  the  second  school  commis- 
sioner's district  of  said  county,  under  the  control  and  supervision 
of  the  school  commissioner  of  said  district. 

§  2.  This  act  shall  take  effect  immediately. 


CHAP.  184:. 

AN  ACT  to  make  the  Town  of  Cambria  a  Part  of  the  First  School 

Commissioner's  District  of  Niagara  county. 

Passed  March  28, 1867. 
The  People  of  the  State  of  New  YorJc,  represe7ited  in  Seiiate  and 
Assembly,  do  enact  asfolloios: 

Section"  1.  The  town  of  Cambria,  in  Niagara  coimty,  is  hereby 
declared  to  be  and  shall  form  a  part  of  the  first  school  commis- 
sioner's district  of  said  county,  under  the  control  and  supervision 
of  the  school  commissioner  of  said  district. 

§  2.  This  act  shall  take  effect  immediately. 


264  Idle  and  Truant  Childeen. 

CHAP.   531. 

AN"  ACT  to  transfer  the  Town  of  Delhi  from  the  First  to  the  Sec- 
ond School  Commissioner  District  of  the  County  of  Delaware. 
Passed  April  23,  1867  ;  tliree-fiftlis  being  present. 
The  People  of  the  State  of  Mew  York,  represented  in  Senate  and 
Assembly,  do  enact  as  folloios : 

Section  1.  The  town  of  Delhi  of  the  county  of  Delaware  is 
hereby  transferred  from  the  first  to  the  second  school  conunis- 
Bioner  district  of  the  said  county  of  Delaware. 

§  2.  All  ofiicial  acts  heretofove  performed  by  the  school  commis- 
sioner of  the  said  first  district  of  the  said  county  of  Delaware 
shall  be  legal  and  valid,  so  far  as  affects  the  said  town  of  Delhi, 
and  to  the  same  extent  that  they  would  have  been  had  this  trans- 
fer not  been  made,  and  no  more  ;  and,  after  the  passage  of  tliis 
act,  the  school  commissioner  of  the  said  second  district  shall  exer- 
cise all  lawful  authority  pertaining  to  his  office  over  the  said  town 
of  Delhi,  without  additional  compensation  therefor. 
§  3.  This  act  shall  take  effect  immediately. 


CHAP.    185. 

AN  ACT  to  provide  for  the  Care  and  Instruction  of  Idle  and 

Truant  Children. 

Passed  April  12,  1853. 

The  Peojyle  of  the  State  of  Neio  York,  repiresented  in  Senate 
and  Assembly,  do  enact  asfolloics  : 

Section  1.  If  any  child,  between  the  ages  of  five  and  fourteen 
years,  having  sufficient  bodily  health  and  mental  capacity  to  attend 
the  public  schools,  sliall  be  found  wandering  in  the  streets  or  lanes 
of  any  city  or  incorporated  village,  idle  and  truant,  without  any 
lawful  occupation,  any  justice  of  the  peace,  police  magistrates,  or 
justices  of  the  district  courts  in  the  city  of  New  York,  on  com- 
plaint thereof  by  any  citizen  on  oath,  shall  cause  such  child  to  be 
broufrht  before  him  for  examination,  and  shall  also  cause  the 
parent,  guardian  or  master  of  such  child,  if  he  or  she  have  any,  to 
be  notified  to  attend  such  examination.  And  if,  on  such  examina- 
tion, the  complaiut  shall  be  satisfactorily  established,  such  justice 


Idle  and  Tjruant  Children.  265 

shall  require  the  parent,  guardian  or  master  to  enter  into  an 
engagement  in  writing,  to  the  corporate  authorities  of  the  city  or 
village,  that  lie  "will  restrain  such  child  from  so  wandering  about, 
will  keep  him  or  lier  on  his  own  premises,  or  in  some  lawful  occu- 
pation, and  Avill  cause  such  child  to  bo  sent  to  some  school,  at  least 
four  months  in  each  year,  until  he  or  she  becomes  fourteen  years 
old.  And  such  justice  may,  in  his  discretion,  require  security  for 
the  faithful  performance  of  such  engagement.  If  such  child  has 
no  parent,  guardian  or  master,  or  none  can  be  found,  or  if  such 
parent,  guardian  or  master  refuse  or  neglect,  within  a  reasonable 
time,  to  enter  into  such  engagement,  and  to  give  such  security,  if 
required,  such  justice  shall,  by  warrant  under  his  hand,  commit 
such  child  to  such  place  as  shall  be  provided  for  his  or  her  recep- 
tion, as  hereinafter  directed. 

§  2.  If  such  engagement  be  habitually  or  intentionally  violated, 
an  action  may  be  brought  thereon,  by  the  overseers  of  the  poor, 
or  either  of  them,  of  such  city  or  village,  in  the  name  of  the 
corjDorate  authorities  thereof,  and  on  proof  of  such  habitual  or 
intentional  violation,  the  plaintiff  shall  recover  therein  a  penalty 
of  not  more  than  fifty  dollars,  with  costs.  And  thereupon  the 
magistrate,  or  court  before  Avhom  such  recovery  shall  be  had, 
shall,  by  Avarrant,  commit  such  child  to  the  place  so  provided  for 
his  or  her  reception,  as  aforesaid. 

§  3.  The  corporate  authorities  of  every  city  and  incorporated 
village  shall  provide  some  suitable  place  for  the  reception  of  every 
child  that  may  be  so  committed,  and  for  the  employment  of  such 
child  in  some  useful  occupation,  and  his  or  her  instruction  in  the 
elementary  branches  of  an  English  education,  and  for  his  or  her 
proper  support  and  clothing.  Every  child  so  received  shall  be 
kei)t  in  such  place  until  discharged  by  the  overseers  of  the  poor  or 
the  commissioners  of  the  almshouse  of  such  city  or  village,  and 
may  be  bound  out  as  an  apprentice  by  them  or  either  of  them, 
with  the  consent  of  any  justice  of  the  peace,  or  any  of  the  alder- 
men of  the  city,  or  any  trustee  of  the  incorporated  village  where 
he  may  be,  in  tlie  same  manner,  for  the  same  periods,  and  subject 
to  the  same  provisions  in  all  respects,  as  are  contained  in  the  first 
article  and  fourth  title  of  the  eighth  chapter,  and  second  part  of 
the  Revised  Statutes,  Avith  respect  to  children  Avhose  parenis  have 
become  chargeable  on  any  city  or  town. 
34 


266  Albany  Normal  School. 

§  4.  The  expenses  of  providing  and  maintaining  such  place  for 
th*e  reception,  clothing,  support  and  instruction  of  such  children, 
shall  be  defrayed  in  the  same  manner  as  charges  for  the  support  of 
paupers  chargeable  upon  such  city  or  village ;  and  the  corporate 
authorities  of  every  city  and  village  shall  certify  to  the  board  of 
supervisors  of  the  county,  at  their  annual  meetings,  the  amount 
necessary  for  said  purposes,  which  amount  the  said  supervisor  shall 
cause  to  be  levied  and  collected  as  part  of  the  taxes  for  the  support 
of  the  poor,  chargeable  to  such  city  or  village. 

§  5.  It  shall  be  the  duty  of  all  police  officers  and  constables, 
who  shall  find  any  child  in  the  condition  described  in  the  first 
section  of  this  act,  to  make  complaint  to  a  justice  of  the  peace,  as 
provided  in  the  said  section. 

§  6.  The  fees  of  justices,  for  sei'vices  performed  under  this  act, 
shall  be  the  same  as  allowed  by  law  in  cases  of  vagrancy,  and 
shall  be  paid  by  the  city  or  village  in  which  they  were  rendered. 

§  7.  This  act  shall  take  effect  immediately 


CHAP.  311. 

AN  ACT  for  the  Establishment  of  a  Normal  School. 

Passed  May  7,  1844. 

The  Feople  of  the  State  of  New  York,  rej^resented  in  /Senate 
ayid  Assembly,  do  enact  asfoUoics : 

Section  1.  The  Treasurer  shall  pay  on  the  warrant  of  the 
Comptroller,  to  the  order  of  the  Superintendent  of  Common 
Schools, 'from  that  portion  of  the  avails  of  the  literature  fund 
appropriated  by  chapter  two  hundred  and  forty-one  of  the  Laws 
of  one  thousand  eight  hundred  and  thirty-four,  to  the  support  of 
academical  departments  for  the  instruction  of  teachers  of  common 
schools,  the  sum  of  nine  thousand  six  hundred  dollars ;  which  sum 
shall  be  expended  under  the  direction  of  the  Superintendent  of 
Common  Schools  and  the  Regents  of  the  Univei'sity;  in  the  estab- 
lishment and  support  of  a  normal  school  for  the  instruction  and 
practice  of  teachers  of  common  schools  in  the  science  of  educa- 
tion and  in  the  art  of  teaching,  to  be  located  in  the  county  of 
Albany. 


Albany  Normal  School.  267 

§  2.  The  sum  of  ten  thousand  dollars  shall,  after  the  present 
year,  be  annually  paid  by  the  Treasurer,  on  the  warrant  of  the 
Comptroller,  to  the  Superintendent  of  Common  Schools,  from  the 
revenue  of  the  literature  fund,  for  the  maintenance  and  support 
of  the  school  so  established,  for  five  years,  and  until  otherwise 
directed  by  law. 

§  3.  The  said  school  shall  be  under  the  supervision,  management 
and  government  of  the  Superintendent  of  Common  Schools  and 
the  Regents  of  the  University.  The  said  Superintendent  and 
Regents  shall,  from  time  to  time,  make  all  needful  rules  and  regu- 
lations, to  fix  the  number  and  compensation  of  teachers  and  others 
to  be  employed  therein  ;  to  prescribe  the  preliminary  examination 
and  the  terms  and  conditions  on  which  pupils  shall  be  received 
and  instructed  therein  ;  the  number  of  pupils  from  the  respective 
cities  and  counties,  conforming  as  nearly  as  may  be  to  the  ratio 
of  population ;  to  fix  the  location  of  the  said  school,  and  the  terms 
and  conditions  on  which  the  grounds  and  buildings  therefor  shall 
be  rented,  if  the  same  shall  not  be  provided  by  the  corporation  of 
the  city  of  Albany,  and  to  provide  in  all  things  for  the  good  gov- 
ernment and  management  of  the  said  school.  They  shall  ajDpoint 
a  board,  consisting  of  five  persons,  of  whom  the  said  Sujjerintend- 
ent  shall  be  one,  who  shall  constitute  an  executive  committee  for 
the  care,  management  and  government  of  the  said  school  under 
the  rules  and  regulations  prescribed  as  aforesaid,  whose  duty  it 
shall  be,  from  time  to  time,  to  make  full  and  detailed  reports  to 
the  State  Superintendent  and  Regents,  and  among  other  things  to 
recommend  the  rules  and  regulations  which  they  deem  necessary 
and  proper  for  the  said  school. 

§  4.  The  Superintendent  and  Regents  shall  annually  transmit  to 
the  Legislature  a  full  account  of  their  proceedings  and  expendi- 
tures of  money  under  this  act,  together  with  a  detailed  report  by 
said  executive  committee  of  the  progress,  condition  and  prospects 
of  the  school. 


268  Albany  Noemal  School. 

CHAP.    318. 

AN  ACT  for  the  Permanent  Establishment  of  the  Normal  School. 
Passed  April  12,  18-18  ;  tliree-fifths  being  present. 

The  People  of  the  State  of  J^feio  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follotos : 

Section  1.  The  Treasurer  shall  pa}^,  on  the  warrant  of  the 
Comptroller,  to  the  order  of  the  State  Superintendent  of  Common 
Schools,  from  the  general  fund,  a  sum  not  exceeding  fifteen  thou- 
sand dollars,  to  be  expended  in  the  erection  of  a  suitable  building 
for  the  accommodation  of  the  State  normal  school  for  the  instruc- 
tion and  practice  of  teachers  of  common  schools  in  the  science  of 
education  and  the  art  of  teaching. 

§  2.  The  said  building  shall  be  erected,  under  the  direction  of 
the  executive  committee  of  the  school,  upon  the  ground  owned  by 
the  State,  and  lying  in  the  rear  of  the  Geological  rooms. 

§  3.  The  said  school  shall  be,  as  heretofore,  under  the  super- 
vision, management  and  government  of  the  State  SujDerintendent 
of  Common  Schools  and  the  Regents  of  the  University.  The  said 
Superintendent  and  Regents  shall,  from  time  to  time,  make  all 
needful  rules  and  regulations  to  fix  the  number  and  compensation 
of  teachers  and  others  to  be  employed  therein;  to  prescribe  the 
preliminary  examination  and  the  terms  and  conditions  on  which 
pupils  shall  be  received  and  instructed  therein,  the  number  of 
pupils  from  the  respective  counties  conforming  as  nearly  as  may 
be  to  the  ratio  of  population  ;  and  to  provide  in  all  things  for  the 
good  government  and  management  of  the  said  school.  They 
shall  appoint  a  board  consisting  of  five  persons,  of  whom  the  said 
Superintendent  shall  be  one,  who  shall  constitute  an  executive 
committee  for  the  care,  management  and  government  of  said 
school,  under  the  rules  and  regulations  prescribed  as  aforesaid, 
whose  duty  it  shall  be,  from  time  to  time,  to  make  full  and  detailed 
reports  to  the  said  Superintendent  and  Regents,  and,  among  other 
things,  to  recommend  the  rules  and  regulations  which  they 
deem  necessary  and  prope^for  the  said  school. 

§  4.  The  Superintendent  and  Regents  shall  annually  transmit  to 
the  Legislature  a  full  account  of  their  proceedings,  and  of  the 
expenditures  of  money  under  this  and  previous  acts,  together  with 
a  detailed  report  of  the  i>rogress,  condition  and  prospects  of  the 
school. 


Oswego  Training  School.  269 

CHAP.  418. 

AN  ACT  for  the  Support  of  a  Training   School  for  Primary 

Teachers. 
Passed  May  4, 1863 ;  three-fifths  being  present. 

The  People  of  the  State  ofJVeio  YorJc,  represented  in  Senate  and 
Assembly,  do  enact  asfolloics: 

Section  1.  The  Treasurer  shall  pay  annually,  for  two  years,  on 
the  warrant  of  the  Comptroller,  to  the  order  of  the  Superintendent 
of  Public  Instruction,  the  sum  of  three  thousand  dollars  for  the 
support  of  a  training  school,  in  the  city  of  Oswego,  for  the  prepa- 
ration of  primary  teachers  for  the  common  schools  of  this  State  ; 
provided  that  the  citizens  or  the  board  of  education  in  said  city 
shall,  Avithin  one  year  from  the  passage  of  this  act,  j^rovide  the 
necessary  buildings,  grounds,  and  other  accommodations  and 
appliances  for  such  school,  as  directed  by  the  Superintendent  of 
Public  Instruction;  and  provided,  further,  that  there  shall  be 
instructed  in  said  school,  for  a  period  of  at  least  forty  weeks  in 
each  year,  not  less  than  fifty  teachers  designing  to  teach  in  the 
common  schools  of  this  State  ;  and  provided,  farther,  that  each  of 
tlie  several  Senatorial  districts  of  this  State  shall  respectively  be 
entitled  to  send  annually  to  said  training  school  two  first-class 
teachers,  each  to  be  appointed  by  the  State  Superintendent  of 
Public  Instruction,  after  they  have  been  duly  recommended  by 
two  county  school  commissioners  or  by  a  city  superintendent  of 
schools,  residing  in  the  district  for  which  the  appointment  is  to  be 
made ;  and  all  teachers  thus  appointed  to  said  training  school 
may  receive  instruction  and  training  in  every  thing  that  is  taught 
in  said  school,  free  of  charge  for  tuition. 

§  2.  The  said  school  shall  be  subject  to  the  supervision  and 
general  direction  of  the  Superintendent  of  Public  Instruction  ; 
and  the  board  of  education  of  the  city  of  Oswego  and  the  secre- 
tary of  said  board  shall  constitute  an  executive  committee  for  the 
immediate  care,  management  and  government  of  said  school,  with 
power  to  make  all  needful  and  proper  j^ks  and  regulations  con- 
cerning the  same,  subject  to  the  approval  <'t"  the  Superintendent 
of  Public  Instruction. 

§  3.  The  executive  committee,  as  above  constituted,  shall  annu- 
ally transmit  to  the  Legislature,  through  the  Superintendent  of 
Public  Instruction,  a  report  of  their  transactions  under  this  act, 


270  Oswego  Training  School.  • 

including  a  statement  in  detail  of  the  expenditure  of  all  moneys, 
together  with  a  statement  of  the  progress  and  prospects  of  the 
school,  which  report  shall  first  be  apj^roved  by  the  Superintendent 
of  Public  Instruction. 

§  4.  The  first  year  of  said  school  shall  be  deemed  to  commence 
on  the  day  which  the  Superintendent  of  Public  Instruction  shall 
certify  to  the  Comptroller  as  the  day  on  which  the  requirements 
of  the  first  section  of  this  act,  relative  to  providing  the  buildings 
and  other  appliances  for  the  school,  shall  have  been  complied  with. 

§  5.  If  less  than  fifty  teachers  are  instructed  in  said  school,  as 
provided  in  the  first  section  of  this  act,  there  shall  be  paid,  only  a 
corresponding  portion  of  the  sum  appropriated  by  this  act. 

§  6.  This  act  shall  take  effect  immediately. 


CHAP.   4=4=5. 

AN"  ACT  to  amend  "  An  Act  for  the  Support  of  a  Training  School 
for  Primary  Teachers,"  passed  May  fourth,  eighteen  hundred  and 
sixty-three. 

Passed  April  14,  18G5 ;  tliree-fiftlis  being  present. 

The  People  of  the  State  of  JSfeio  YorJc,  represented  in  Senate 
and  Assembly^  do  enact  asfolloios : 

Section  1.  Section  one  of  chapter  four  hundred  and  eighteen 
of  the  Laws  of  eighteen  hundred  and  sixty-three,  entitled  "An  act 
for  the  support  of  a  training  school  for  primary  teachers,"  is  here- 
by amended  so  as  to  read  as  follows : 

§  1.  The  Treasurer  shall  pay  annually  for  two  years,  except  as 
hereinafter  provided,  on  the  warrant  of  the  Compti'oller,  to  the 
order  of  the  Superintendent  of  Public  Instruction,  the  sum  of  six 
thousand  dollars  for  the  suppoi-t  of  a  normal  school  in  the  city 
of  Oswego,  for  the  preparation  of  teachers  for  the  common  schools 
in  this  State,  provided  that  the  citizens,  or  the  board  of  education 
in  said  city,  shall,  within  one  year  from  the  passage  of  this  act, 
provide  the  necessary  buildings,  grounds  and  other  accommoda- 
tions for  such  school,  as  shall  be  directed  by  the  Superintendent  of 
Public  Instruction;  and  provided,  further,  that  each  of  the  several 
counties  shall  respectively  be  entitled  to  send  annually  to  said 
school  as  many  pupil  teachers  as  it  has  representatives  in  the 


Oswego  Training  School.  271 

Assembly,  each  to  be  appointed  by  the  Superintendent  of  Public 
Instruction,  on  the  recommendation  of  the  school  commissioner  or 
commissioners  of  such  county,  or  on  the  recommendation  of  the 
city  sujierintendent  of  schools  and  such  commissioners  (in  coun- 
ties in  which  there  is  a  city),  or  on  the  recommendation  of  the  city 
superintendent  of  schools  of  the  city  of  New  York.  The  times 
and  places  of  selecting  candidates  for  such  recommendation  shall 
be  prescribed  by  the  Sujjerintendent  of  Public  Instruction,  and  all 
pupil  teachers  thus  recommended  and  appointed  to  said  school 
shall  receive  instniction  in  all  the  branches  which  shall  be  taught 
therein  free  of  charge  for  tuition. 

§  2.  The  fifth  section  of  said  act  is  hereby  amended  so  as  to 
read  as  follows : 

§  5.  If  the  said  school  officers  of  any  county  shall  fail  to  nomi- 
nate candidates  for  admission  to  said  school,  or  if  candidates  duly 
recommended  and  appointed  shall  fail  to  attend  said  school,  then 
the  said  Superintendent  may  appoint  pupil  teachers  of  other  coun- 
ties to  fill  such  vacancies,  and  such  appointees  shall  be  entitled  to 
all  the  Brivilecces  of  the  school  free  of  charsre  for  tuition. 


CHAP.  170. 

AN"  ACT  in  regard  to  the  Normal  and  Training  School  of  the 
City  of  Oswego. 
Passed  March- 27,  1867;  tliree-fiftlis  being  present. 
The  People  of  the  State  of  JVeio    York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

Section  1.  The  normal  school  building,  with  the  grounds  and 
appurtenances  in  the  city  of  Oswego,  are  hereby  accepted  as  the 
necessary  buildings,  grounds  and  other  accommodations  wjthin 
the  requirements  of  the  act  passed  April  fourteenth,  eighteen 
hundred  and  sixty-five,  entitled  "An  act  to  amend  an  act  for  the 
support  of  a  training  school  for  primary  teachers,"  passed  May 
fourth,  eighteen  hundred  and  sixty-lhreeT  And  tlie  common  coun- 
cil of  the  city  of  Oswego  may,  on  w  before  the  first  day  of  May, 
eighteen  hundred  and  sixty-seven,  convey  to  the  State  of  New 
York  the  said  buildings  with  the  grounds,  apparatus,  books,  furni- 
ture and  appurtenances  now  occupied  and  used    by  the  normal 


272  NoEMAL  Schools. 

and  training  school,  to  hold,  use,  occupy  and  jDOSsess  the  same, 
Avliile  they  shall  be  used  for  the  purposes  of  such  school.  And 
such  convej'ance  shall  be  deemed  a  full  compliance  with  the 
requirements  of  the  act  first  aforesaid, 

§  2.  The  said  normal  and  training  school  of  the  city  of  Oswego 
shall  thereupon  be  fully  admitted  to  like  privileges  and  appropria- 
tions with  the  normal  schools  created  by  the  act  entitled  "  An 
act  in  regard  to  normal  schools,"  passed  Aj^ril  seventh,  eighteen 
hundred  and  sixty-six,  and  the  provisions  of  said  last  named  act, 
after  that  requiring  the  acceptance  by  the  commissioners  therein 
specified,  shall  apply  to  the  said  normal  school  of  the  city  of 
Oswego. 


CHAP.   4.66. 
AN  ACT  in  regard  to  Normal  Schools. 

Passed  April  7,  1866  ;  three-fifths  being  present. 
T/ie  People  of  the  State  of  Neio  York,  represented  in  Seriate 
cmd  Assembly,  do  enact  as  folloios : 

Section  1.  The  Governor,  the  Lieutenant-Governor,  the  Secre- 
tary of  State,  the  Comptroller,  the  State  Treasurer,  the  Attor- 
ney-General and  the  Superintendent  of  Public  Instruction,  shall 
constitute  a  commission  to  receive  proposals  in  writing  in  regard 
to  the  establishment  of  normal  and  training  schools  for  the 
education  and  discipline  of  teachers  for  the  common  schools  of 
this  State  from  the  board  of  supervisors  of  any  county  in  this 
State;  from  the  corporate  authoi-ity  of  any  city  or  village  ;  from 
the  board  of  trustees  of  any  college  or  academy,  and  from  one  or 
more  individuals.  Such  commission  shall  have  power  to  accept 
or  refuse  such  proposals,  but  the  number  accepted  shall  not  exceed 
fourr  Such  proposals  shall  contain  specifications  for  the  purchase 
of  lands  and  the  erection  thereon  of  suitable  buildings  for  such 
schools,  or,  for  the  appropriation  of  land  and  buildings  to  such  use, 
and  also  the  furnishing  o|guch  schools  with  furniture,  apparatus, 
books,  and  every  thing  n^Hlirj^to  their  support  and  management. 
Such  proposals  may  have^^'iew,  either  the  grant  and  conveyance 
of  such  land  and  premises  to  the  State,  or  the  use  of  the  same  for 
a  limited  time,  and  for  the  gift  to  the  State  of  furniture,  apparatus, 
books  and  other  things  necessary  to  conduct  such  schools. 


Normal  Schools.  273 

§  2.  If  the  proposals  made  by  any  board  of  supervisors,  or  by 
the  corporate  authorities  of  any  city  or  village  shall  be  accepted, 
said  board  or  corporate  authorities  shall  have  power  to  raise,  by 
tax,  and  expend,  the  money  necessary  to  carry  the  same  into  effect ; 
and  if  in  their  judgment  it  shall  be  deemed  expedient,  they  shall 
have  power  to  borrow  money  for  such  purpose,  for  any  time  not 
exceeding  ten  years,  and  at  a  rate  of  interest  not  exceeding  seven 
per  cent,  and  issue  the  corporate  bonds  of  said  county,  city  or 
village  therefor. 

§  3.  When  the  said  commission  shall  have  accepted  proposals 
and  determined  the  location  of  any  one  of  such  schools,  and  when 
suitable  grounds  and  buildings  have  been  set  apart  and  appro- 
priated for  such  schools,  and  all  needful  preparations  made  for 
opening  the  same  in  accordance  Avith  the  proposals  accepted,  the 
commission  shall  certify  the  same  in  writing,  and  then  their  power 
under  .this  act  in  relation  to  such  school  shall  cease,  and  there- 
upon the  Superintendent  of  Public  Instruction  shall  appoint  a 
local  board,  consisting  of  not  less  than  three  persons,  who  shall 
respectively  hold  their  offices  until  removed  by  the  concurrent 
action  of  the  Chancellor  of  the  University  and  the  Superintendent 
of  the  Public  Instruction,  and  who  shall  have  the  immediate 
supervision  and  management  of  such  school,  subject,  however,  to 
his  general  supervision  and  to  his  direction  in  all  things  pertaining 
to  the  school.  Such  local  board  shall  have  power  to  appoint  one 
of  their  number  chairman,  and  another  secretary  of  the  board. 
Two-thirds  of  each  of  said  boards  shall  form  a  quorum  for  the 
transaction  of  business,  and  in  the  absence  of  any  officer  of  the 
board  another  member  may  be  appointed  pro  tempore  to  fill  his 
place  and  perform  his  duties.  It  shall  be  the  duty  of  such  board 
to  make  and  establish,  and,  from  time  to  time,  to  alter  and  amend 
such  rules  and  regulations  for  the  government  of  such  schools  under 
their  charge  respectively,  as  they  shall  deem  best,  which  shall  be 
subject  to  the  approval  of  the  Superintendent  of  Public  Instruc- 
tion. They  shall  also  severally  transmitthrough  him,  and  subject 
to  his  approval,  a  report  to  the  Lc^^Hure  on  the  first  day  of 
January  in  each  year,  showing  the  cOTWiion  of  the  school  under 
their  charge  during  the  year  next  preceding,  and  which  report 
shall  be  in  such  form,  and  contain  such  an  account  of  their  acts 
and  doings  as  the  Superintendent  shall  direct,  including  especially, 
35 


274  Normal  Schools. 

an  account  in  detail  of  their  receipts  and  expenditures,  which  shall 
be  duly  verified  by  the  oath  or  affirmation  of  their  chairman  and 
secretary. 

§  4.  It  shall  be  the  duty  of  the  local  board,  subject  to  the 
approval  of  the  Superintendent  of  Public  Instruction,  to  jjrescribe 
the  course  of  study  to  be  pursued  in  each  of  said  schools.  It 
shall  be  the  duty  of  the  Superintendent  of  Public  Instruction  to 
determine  what  number  of  teachers  shall  be  employed  in  each 
school,  and  their  Avages,  whose  employment  shall  also  be  subject  to 
his  approval ;  to  order,  in  his  discretion,  that  one  or  more  of  said 
schools  shall  be  composed  exclusively  of  males,  and  one  or  more 
of  females;  to  decide  upon  the  number  of  pupils  to  be  admitted 
to  each  of  said  schools,  and  to  prescribe  the  time  and  manner  of 
their  selection,  but  he  shall  take  care  in  such  selection  to  provide 
that  every  part  of  the  State  shall  have  its  proportionate  represent- 
ation in  such  school,  as  near  as  may  be,  according  to  population ; 
but  if  any  school  commissioner  district  or  any  city  shall  not,  for 
any  cause,  be  fully  represented  in  either  of  said  schools,  then  the 
Superintendent  of  Public  Instruction  may  cause  the  maximum 
number  of  such  pupils  to  be  supplied  from  any  part  of  the  State, 
giving  preference,  however',  to  those  living  in  the  county,  city  or 
village  where  such  school  is  situated. 

§  5.  All  applicants  shall  be  subject,  before  admission,  to  a  pre- 
liminary examination  before  such  of  the  teachers  of  the  school  as 
shall  be  designated  by  tlie  local  board  for  that  purpose,  and  those 
who  pass  such  examination  shall  be  admitted  to  all  the  privileges 
of  the  school,  free  from  all  charges  for  tuition  or  for  the  use  of 
books  or  apparatus,  but  every  pupil  shall  pay  for  books  lost  by 
him,  and  for  any  damage  of  books  in  his  possession ;  any  pupil 
may  be  dismissed  from  the  school  by  the  local  board  for  immoral 
CI*  disorderly  conduct,  or  for  neglect  or  inability  to  perform  his 
duties. 

§  6.  The  Superintendent  of  Public  Instruction  shall  prepare 
suitable  diplomas  to  be  fl||ntcd  to  the  students  of  such  school 
who  shall  have  complctdf^PP;  or  more  of  the  courses  of  study  and 
discipline  prescribed  ;  and  a  diploTua  signed  by  him,  the  chairman 
and  secretary  of  the  local  board,  and  the  principal  of  the  school, 
shall  be  of  itself  a  certificate  of  qualification  to  teach  common 
schools ;  but  such  diploma  may  be  annulled  for  the  immoral  con- 


Potsdam  Normal  School.  275 

duct  of  its  holder,  in  like  manner  as  provided  for  the  annulment 
of  a  diploma  of  State  normal  school,  in  title  two,  chapter  five 
hundred  and  fifty-five  of  the  Laws  of  eighteen  hundred  and  sixty- 
four.  The  provisions  of  this  section  shall  be  applicable  to  the 
Oswego  normal  training  school. 

§  V.  The  sum  of  twelve  thousand  dollars  shall  be  annually,  and 
is  hereby  appropriated  for  the  support  of  each  of  said  normal 
and  training  schools  to  he  organized  under  this  act,  payable  out 
of  the  income  of  the  common  school  fund,  to  be  paid  by  the 
Treasurer,  on  the  warrant  of  the  Comptroller,  upon  the  certificate 
of  the  Superintendent  of  Public  Instruction  aftixed  to  the  proper 
accounts,  verified  by  the  oath  or  affirmation  of  the  local  board  of 
each  school ;  but  none  of  the  money  hereby  appropriated  shall  be 
paid  for  the  purchase  of  any  ground,  site  or  buildings,  for  the  use 
of  such  schools. 


CHAP.   6. 

AN  ACT  in  relation  to  the  Normal  School  located  at  Potsdam,  in 
the  County  of  St.  Lawrence,  pursuant  to  chapter  four  hundred 
and  sixty-six.  Laws  of  eighteen  hundred  and  sixty-six,  and  to 
levy  taxes  for  the  purposes  thereof. 

Passed  January  23,  1867 ;  three-fifths  being  present. 
The  People  of  the  State  of  Neio   York,  represented  in  Senate 

and  Assembly,  do  enact  as  folloics : 

Section  1.  The  board  of  supervisors  of  the  county  of  St.  Law- 
rence is  hereby  directed  and  required  to  levy  and  collect,  upon  the 
taxable  property  of  said  county,  in  the  manner  provided  by  law 
for  the  collection  of  taxes,  the  sum  of  twenty-five  thousand  dollars, 
together  with  interest,  at  seven  per  cent  per  annum,  as  hcrc'inat\er 
provided,  to  be  so  levied  and  collected  in  five  equal  annual  install- 
ments; the  first  installment,  with  interest  on  the  full  sum  remain- 
ing unpaid*,  to  be  included  in  the  tax  for  the  present  year,  and  one 
of  the  remaining  installments,  with  interest  as  aforesaid,  to  bo 
included  in  the  tax  for  each  and  every  year  thereafter  until  the 
full  sum  of  twenty-five  thousand  dollars,  with  interest  as  aforesaid, 
is  levied  and  collected,  the  said  moneys  to  bo  expended  as  herein- 
after provided. 


21Q  Potsdam  Normal  School. 

§  2.  And  the  said  board  of  supervisors  are  hereby  directed  and 
required  to  levy  and  collect,  upon  the  taxable  property  of  the  town 
of  Potsdam,  in  the  manner  provided  by  law  for  the  collection  of 
taxes,  the  sum  of  thirty-five  thousand  dollars,  together  with  inter- 
est, at  seven  per  centum  per  annum,  as  hereinafter  provided  to  be 
60  levied  and  collected,  in  five  equal  annual  installments ;  the  first 
installment,  with  interest  on  the  full  sum  remaining  unpaid,  to  be 
included  in  the  tax  for  the  present  year,  and  one  of  the  remaining 
installments,  with  interest,  as  aforesaid,  to  be  included  in  the  tax 
for  each  and  every  year  thereafter,  until  the  full  sum  of  thirty-five 
thousand  dollars,  with  interest  as  aforesaid,  is  levied  and  collected, 
the  moneys  to  be  expended  as  liereinafter  provided. 

§  3.  The  board  of  trustees  of  the  village  of  Potsdam  are  hereby 
directed  and  required  to  levy  and  collect  upon  the  taxable  prop- 
erty of  said  village,  in  the  manner  provided  by  law  for  the  collec- 
tion of  taxes  therein,  the  sum  of  ten  thousand  dollars,  together 
with  interest,  at  seven  per  centum  per  annum,  as  hereinafter  pro- 
vided, to  be  so  levied  and  collected  in  five  equal  annual  install- 
ments ;  the  first  installment,  with  interest  on  the  full  sum  remain- 
ing unpaid,  to  be  included  in  the  tax  in  said  village  for  the  present 
year,  and  one  of  the  remaining  installments,  with  interest  as  afore- 
said, to  be  included  in  the  tax  therein  for  each  and  every  year 
thereafter,  until  the  full  sum  of  ten  thousand  dollars,  with  interest, 
as  aforesaid,  is  levied  and  collected,  the  said  moneys  to  be  expended 
as  hereinafter  provided, 

§  4.  The  said  moneys  so*  to  be  levied  and  collected  upon  said 
county,  town  and  village,  or  so  much  thereof  as  shall  be  necessary 
for  that  purpose,  shall  be  expended  to  prepare  a  site  and  to  pro- 
vide suitable  buildings,  to  furnish  apparatus,  books  and  furniture, 
for  a  normal  and  training  school  for  the  education  and  discipline 
of  the  common  school  teachers  of  this  State,  said  buildings  to  bo 
located  upon  the  land  and  premises  situate  in  the  village  of  Pots- 
dam, described  in  the  proposition  of  the  trustees  of  St.  Lawrence 
academy,  accepted  by  the  commission  appointed  by  chapter  four 
hundred  and  sixty-six,  Laws  of  eighteen  hundred  and  sixty-six, 
entitled  "An  act  in  regard  to  normal  schools," 

§  5.  Bloomfield  Usher,  T.  Stratfield  Clarkson,  2d,  Hiram  H. 
Peck,  Ilcnry  Watkins,  Erasmus  D.  Brooks  and  Charles  Cox,  are 
hereby  appointed  a  commission  to  prepare  and  improve  the  said 


Potsdam  Normal  School.  '  2 77 

lands  and  premises,  and  provide  suitable  buildings  thereon,  and  to 
furnish  pT'oper  apparatus,  books  and  furniture  for  the  said  normal 
and  training  school  at  Potsdam,  a  majority  of  whom  shall  consti- 
tute a  quorum  for  the  transaction  of  business.  Such  commission 
shall  have  power  to  appoint  from  their  number  a  chairman,  secre- 
tary and  treasurer  of  said  commission,  and  in  the  absence  of  any 
oflScer  of  such  commission,  another  member  may  be  appointed,  "pro 
tempore^  to  fill  his  place  and  perform  his  duty,  and  such  commis- 
sion may  appoint  such  committee,  and  establish,  and,  from  time 
to  time,  alter  and  amend,  such  rules  and  regulations  for  its  govern- 
ment, in  the  discharge  of  its  duties,  as  it  shall  deem  best.  In  case 
of  the  death,  refusal  to  act,  resignation,  or  removal  from  the  county 
of  St.  Lawrence,  of  any  member  of  such  commission,  his  successor 
shall  be  appointed  by  a  majority  of  the  remaining  members  of  such 
commission.  The  Governor  of  the  State  may  accept  the  resigna- 
tion of  any  member  of  said  commission  upon  the  recommendation 
of  a  majority  of  said  commission,  for  good  and  sufficient  cause. 
Before  entering  upon  the  discharge  of  their  duties,  the  members 
of  said  commission  hereby  appointed,  or  a  majority  of  them,  shall 
unite  in  joint  and  several  bonds,  with  sufficient  sureties  to  be 
approved  by  the  county  judge  of  St.  Lawrence  county,  one  of  said 
bonds  to  the  board  of  supervisors  of  St.  Lawrence  county,  in  the 
penal  sum  of  twenty-five  thousand  dollars;  one  of  said  bonds  to 
the  town  of  Potsdam,  in  the  penal  sum  of  thirty-five  thousand 
dollars ;  one  of  said  bonds  to  "  the  village  of  Potsdam,"  in  the 
penal  sum  of  ten  thousand  dollars ;  each  bond  conditioned  that 
each  and  every  of  the  said  commissioners  so  executing  the  said 
bond,  and  each  and  every  of  their  successors  to  be  appointed  pur- 
suant to  this  act,  shall  in  all  things  faithfully  discharge  his  duties, 
and  faithfully  account  for  all  moneys  and  securities  received  by 
him  as  such  commissioner.  Upon  filing  the  said  bond  to  the 
county  of  St.  Lawrence  with  the  treasurer  of  said  county,  and 
iipon  filing  the  said  bond  to  the  town  of  Potsdam  with  the  town 
clerk  of  said  town,  and  upon  filing  the  said  bond  to  the  village 
of  Potsdam  with  the  clerk  of  the  board  of  trustees  of  said  villasxe, 
the  said  commissioners  so  uniting  in  saia  bonds  shall  be  duly  qual- 
ified to  act  as  such  commissioners,  and,  in  case  a  majority  of  the 
persons  herein  named  shall  so  qualify,  they  shall  constitute  such 
commission,  and  shall  proceed  to  appoint  other  commissioners  in 


278  Potsdam  Normal  School. 

the  place  and  stead  of  those  herehi  named,  who  shall  not  have 
united  in  said  bonds.  The  obligors  upon  said  bonds  respectively 
shall  be  liable  for  the  acts  and  omissions  of  each  and  every  of  the 
commissioners  appointed,  or  who  may  be  appointed,  pursuant  to 
this  act.  And  the  said  commission,  before  making  an  appoint- 
ment of  any  commissioner,  may  require  of  him  such  security  for 
the  faithful  performance  of  his  duty  as  it  may  deem  proper.  The 
said  commission  shall  be  known  as  the  commission  to  aid  in  the 
establishment  of  a  normal  and  training  school  at  Potsdam,  and,  as 
such,  may  enter  into  contracts,  take  security  from  members  to 
be  appointed  by  it,  and  sue  and  be  sued  in  the  courts  of  this  State ; 
and  executions  may  be  issued  upon  any  judgment  obtained  against 
8uch  commission,  against  the  property  of  any  or  all  of  the  persons 
constituting  such  commission,  or  who  may  have  constituted  such 
commission,  leave  to  that  effect  being  first  obtained  from  the  court 
in  which  such  judgment  Avas  rendered. 

§  6.  The  treasurer  of  the  county  of  St.  Lawrence  is  hereby 
directed  and  required  to  procure  suitable  blanks,  and  the  said 
treasurer,  and  the  chaii'man  of  the  board  of  supervisors  of  said 
county,  or  in  case  of  a  vacancy  in  said  chairmanship,  then  the 
8aid  treasurer  and  the  county  judge  of  said  county  are  hereby 
directed  and  required  to  issue  the  bonds  of  said  county,  with 
interest  coupons  attached,  in  the  form  to  be  adopted  by  the  said 
treasurer  and  chairman,  or,  in  case  of  a  vacancy  in  the  said  chair- 
manship, then  by  the  said  treasurer  and  the  said  county  judge,  for 
the  sum  of  twenty-five  thousand  dollars,  the  same  to  bear  interest 
at  seven  per  centum  per  annum  from  date,  such  bonds  for  one- 
fifth  of  said  last  mentioned  sum  to  be  payable  with  interest  on 
the  first  day  of  March,  eighteen  hundred  and  sixty-eight,  and  one- 
fifth  of  said  sura  of  twenty-five  thousand  dollars  to  be  payable  on 
the  first  day  of  March,  each  year  thereafter,  until  the  full  sum  is 
paid ;  all  of  said  bonds,  except  those  due  on  the  firsi  day  of  March, 
eighteen  hundred  and  sixty-eight,  to  bear  coupons  for  annual 
interest,  except  for  the  interest  falling  due  when  such  bonds  ai'e 
payable,  to  be  payable  on  the  first  day  of  March  each  year. 

§  7.  The  town  clerk  of  the  town  of  Potsdam  is  hereby  directed 
and  required  to  procure  suitable  blanks,  and  the  supervisor  and 
town  clerk  of  said  town  are  hereby  directed  and  required  to  issue 
the  bonds  of  said  town,  Avith  interest  coupons*attached  in  the  form 


Potsdam  Normal  School.  279 

to  be  adopted  by  them,  for  the  sum  of  thirty-five  thousand  dollars, 
the  same  to  bear  interest  at  seven  per  centum  per  annum  from 
date ;  such  bonds  for  one-fifth  of  sucli  last-mentioned  sum,  to  be 
payable  Avith  interest  on  the  first  day  of  January,  eighteen  hun- 
dred and  sixty-eight,  and  one-fifth  of  the  said  thirty-five  thousand 
dollars  to  be  payable  on  the  first  day  of  January  each  year  there- 
after, until  the  full  sum  is  paid.  All  of  said  bonds,  except  those 
due  on  the  first  day  of  January,  eighteen  hundred  and  sixty-eight, 
to  bear  coupons  for  annual  interest,  except  for  the  interest  falling 
due  when  such  bonds  are  payable,  to  be  payable  on  the  first  day 
of  January  each  year. 

§  8.  The  president  of  the  board  of  trustees  of  the  village  of 
Potsdam  is  hereby  directed  and  required  to  procure  suitable 
blanks,  and  the  president  and  clerk  of  said  board  of  trustees  are 
hereby  directed  and  required  to  issae  the  bonds  of  said  village  of 
Potsdam,  with  interest  coupons  attached,  in  the  form  to  be 
adopted  by  them,  for  the  sum  of  eight  thousand  dollars,  the  same 
to  bear  interest  at  seven  per  centum  per  annum  from  date,  said 
bonds  for  one-fourth  of  said  sum  of  eight  thousand  dollars,  to  be 
payable  with  interest  on  the  first  day  of  April,  eighteen  hundred 
and  sixty-eight,  and  one-fourth  of  said  sum  of  eight  thousand  dol- 
lars to  be  payable  on  the  first  day  of  April  each  year  thereafter, 
until  the  full  sum  is  paid ;  all  of  said  bonds  to  bear  coupons  for 
annual  interest,  except  for  the  interest  falling  due  when  such  bonds 
are  payable,  to  be  payable  on  the  first  day  of  April  each  year. 

§  9.  The  said  taxes  in  this  act  directed  to  be  levied  and  col- 
lected upon  the  county  of  St.  Lawrence  shall  be  paid  to  the 
treasurer  of  said  county,  and  applied  by  him  to.  the  payment  of 
the  bonds  of  said  county  herein  directed  to  be  issued,  and  the 
interest  thereon,  as  the  same  shall  become  due  and  payable ;  and 
the  said  taxes  in  this  act  directed  to  be  levied  and  collected  upon 
the  town  of  Potsdam  shall  be  paid  to  the  supervisor  of  said  town, 
and  by  him  be  applied  to  the  payment  of  the  bonds  of  said  town 
herein  directed  to  be  issued,  and  the  interest  thereon,  as  the  same 
shall  become  due  and  payable ;  and  the  said  taxes  in  this  act 
directed  to  be  levied  and  collected  upon  the  village  of  Potsdam 
shall  be  paid  to  the  treasurer  of  said  village ;"  and  the  tax  for  the 
present  year  shall  be  paid  by  said  treasurer  to  the  said  commission, 
after  the  member^  thereof  have  vjualified  as  herein  directed ;  and 


280  Potsdam  ISTormal  School. 

the  remainder  of  said  tax  shall,  each  year,  be  paid  to  said  treas- 
urer, and  by  him  be  applied  to  the  payment  of  the  bonds  of  said 
village  herein  directed  to  be  issued,  and  the  interest  thereon,  as 
the  same  shall  become  due  and  payable.  And  immediately  after 
the  commission  constituted  by  this  act  shall  have  qualified  as 
herein  provided,  the  said  county,  town  and  village  authorities 
herein  directed  to  issue  bonds  in  behalf  of  said  county,  town  and 
village,  shall  respectively  deliver  the  said  bonds  so  to  be  issued, 
as  aforesaid,  to  the  said  commission  herein  constituted;  to  be,  by 
the  said  commission,  used  and  negotiated  at  not  less  than  the  par 
value  thereof,  and  the  avails  thereof  applied  by  the  said  commis- 
sion to  prepare  and  improve  the  said  land  and  premises,  described 
in  the  said  proposition  of  the  board  of  trustees  of  St.  Lawrence 
academy,  to  the  said  commission  constituted  by  the  said  act,  enti- 
tled an  act  in  regard  to  normal  schools,  to  provide  thereon  suitable 
buildings  and  to  furnish  apparatus,  books,  and  furniture  for  one 
of  said  normal  schools  at  Potsdam  ;  provided  that  no  building 
shall  be  repaired  or  erected  upon  said  land  and  premises  until  the 
Attorney-General  of  this  State  shall  certify  in  writing  to  such 
commission,  that  the  use  of  the  said  lands  and  premises,  and  the 
buildings  and  erections  thei'eon,  so  long  as  the  same  shall  be  used 
for  the  purpose  of  a  normal  and  training  school,  as  contemplated 
by  the  said  act,  in  regard  to  normal  schools,  has  been  properly 
secured  to  this  State ;  all  which  the  Attorney-General  of  this  State 
is  hereby  required  to  certify  in  writing,  to  the  commission  consti- 
tuted by  this  act,  when  such  use  of  such  lands  and  premises  has 
been  properly  secured  to  this  State,  according  to  the  true  intent 
and  meaning  of,  this  act.  In  prejjaring  and  improving  the  said 
lands  and  premises,  and  providing  such  buildings,  the  said  com- 
mission may  tear  down,  remove,  repair,  reconstruct,  or  rebuild  any 
structure  or  building  now  on  the  said  premises,  and  use  the  mate- 
rials of  which  any  of  such  buildings  are  composed  in  the  construc- 
tion of  other  buildings  upon  said  lands  and  premises ;  and  they 
may  also  incorporate  any  of  the  buildings  upon  said  lands  and 
premises  in  additional  buildings  to  be  constructed  thereon  ;  and 
the  said  commission  shall  pay,  to  be  applied  upon  the  purchase- 
money  of  the  property  included  in  said  proposition  of  the  board 
of  trustees  of  St.  Lawrence  academy,  and  known  as  the  Presby 
terian  church  property,  such  sum,  not  exceeding  ton  thousand  dol 


Potsdam  Nokmal  School.  281 

lars,  as  the  Superintendent  of  Public  Instruction  shall  certify  the 
said  materials  and  buildings  upon  said  premises  to  be  Avorth,  to  be 
used  in  providing  the  aforesaid  buildings.  The  plans  and  specifi- 
cations for  the  said  buildings  shall  be  approved  by  the  said  com- 
mission constituted  by  chapter  four  hundred  and  sixty-six,  Laws 
of  eighteen  hundred  and  sixty-six.  The  commission  constituted 
by  this  act  shall  proceed  diligently  in  the  discharge  of  their  duties, 
under  this  act,  and  when  the  said  buildings,  and  the  furniture, 
apparatus  and  books,  provided  for  by  this  act,  have  been  accepted 
by  said  commission,  so  appointed  by  said  chapter  four  hundred 
and  sixty-six.  Laws  of  eighteen  hundred  and  sixty-six,  as  provided 
by  said  act,  or  within  two  years  after  the  passage  of  this  act,  the 
said  commission  hereby  constituted  shall  account  to  the  board  of 
supervisors  of  said  county  for  the  moneys  and  securities  received 
from  the  county  of  St.  Lawrence,  wliich  board,  upon  such  account- 
ing, shall  have  power,  upon  examination  of  the  accounts  of  such 
commission,  to  approve  of  the  same  and  discharge  the  said  com- 
mission from  further  liability,  upon  their  said  bond  to  said  county. 
And  said  commission  shall  account  to  the  board  of  town  audit,  of 
the  town  of  Potsdam,  for  the  moneys  and  securities  received  from 
the  town  of  Potsdam,  which  board,  upon  such  accounting,  shall 
have  power  to  approve  of  the  account  so  to  be  rendered,  and  dis- 
charge said  commission  from  further  liability,  upon  their  said  bond 
to  said  town.  And  said  commission  shall  account  to  the  board  of 
trustees  of  the  village  of  Potsdam  for  the  moneys  and  securities 
received  from  said  village,  which  board  of  trustees,  upon  such 
accounting,  shall  have  power  to  approve  of  the  account  so  to  be 
rendered,  and  discharge  such  commission  from  further  liability, 
upon  their  said  bond  to  said  village. 

§  10.  The  amount  in  this  act  provided  to  be  paid  by  the  said 
county,  town  and  village,  for  the  purposes  in  this  act  declared, 
shall  apply  on  the  amount  that  shall  be  paid  by  the  said  county  in 
satisfaction  of  the  proposition  made  by  said  board  of  supervisors 
of  said  county  to  the  said  commission  constituted  by  said  act  in 
regard  to  normal  schools,  by  resolution  of  said  board  of  super- 
visors, dated  December  eighteenth,  eighteen  hundred  and  sixty- 
six,  and  the  amount  that  shall  be  paid  by  the  said  town  and  vil- 
lage of  Potsdam,  shall  apply  upon  and  toward  the  satisfaction 
of  the  propositions  of  the  board  of  trustees  of  said  village  to 
36 


282  Beockpokt  Normal  School. 

Baicl  commission  constituted  by  said  act  in  regard  to  normal 
schools. 

§  11.  Authority  is  hereby  given  to  the  board  of  supervisors  of 
the  county  of  St.  Lawrence,  at  any  annual  meeting  thereof,  to 
repay  to  the  town  of  Potsdam  such  portion  of  the  tax  hereby 
imposed  upon  said  town  as  such  board  of  supervisors  shall  deter- 
mine to  be  just  and  proper.  And  in  case  the  moneys  to  be  raised 
as  in  this  act  provided  shall  be  insufficient  to  complete  such  build- 
ings and  furnish  such  apparatus,  books  and  furniture  as  herein 
intended,  the  said  board  of  supervisors,  to  s:ipply  such  deficiency, 
may  raise  upon  said  county  and  paj''  over  to  the  commission  by 
this  act  created  a  further  sum,  not  exceeding  ten  thousand  dollai's; 
and  for  such  purpose  said  board  oi,  supervisors  may  levy  and  col- 
lect a  tax  upon  said  county,  and  issue  county  bonds  representing 
the  same,  as  said  board  may  determine  necessary  to  carry  out  the 
powers  in  this  section  given. 

§  12.  The  Superintendent  of  Public  Instruction  may,  if,  in  his 
opinion,  suitable  buildings  and  rooms  are  provided  at  the  village 
of  Potsdam  for  the  accommodation  of  teachers  and  pupils  of  a 
normal  school,  immediately  after  the  commission  by  this  act 
created  shall  have  become  duly  qualified,  open  and  put  in  opera- 
tion a  normal  and  training  school  at  said  village,  in  pursuance  of 
this  act,  and  of  chapter  four  hundred  and  sixty-six  of  the  Laws 
of  eighteen  hundred  and  sixty-six. 


CHAF.   21. 

AN  ACT  in  relation  to  the  Establishment  of  a  Normal  and  Train 
ing  School  in  the  Village  of  Brockport. 

Passed  February  2,  1867 ;  three-fiftlis  being  present. 

The  People  of  the  State  of  JVeio  Yo7'k,  rejiresented  in  Senate  and 
Assembly,  do  enact  as  follows : 

Sectiox  1.  The  trustees  of  the  village  of  Brockport  are  hereby 
authorized  to  levy  from  time  to  time,  upon  all  the  taxable  property 
in  said  village,  taxes,  not  exceeding  in  the  aggregate  the  sum  of 
fifty  thousand  dollars,  in  the  same  manner  as  other  village  taxes  are 
levied,  for  the  purpose  of  aiding  in  the  establishment  of  a  normal 
and  training  school  in  said  village,  and  collect  the  same  as  other 


Bkocktoet  Normal  School.  283 

village  taxes  are  collected,  and  to  use  and  disburse  the  moneys 
thus  obtained  for  the  purpose  above  mentioned  ;  and  the  said 
trustees  shall  have  power,  if  they  deem  tlie  same  advisable,  to 
borrow  money  on  the  credit  of  said  village  and  issue  bonds  there- 
for, bearing  interest  at  the  rate  of  seven  per  cent  per  annum,  the 
aggregate  amount  not  to  exceed  fifty  thousand  dollars,  Avhich  shall 
not  be  sold  or  disposed  of  at  less  than  their  par  value,  for  the 
purchase  of  real  estate  and  the  assumption  of  any  incumbrances 
thereon,  and  to  make  contracts  and  incur  liabilities  in  their  corpo- 
rate capacity,  for  the  purpose  aforesaid ;  but  the  aggregate  of  all 
such  bonds,  contracts  and  liabilities,  together  with  the  amount  of 
taxes  levied  and  collected  under  the  provisions  of  this  act,  shall 
not  exceed  the  sum  of  fifty  thousand  dollars. 

§  2.  The  collector  of  said  village  shall  execute  such  additional 
bond  as  the  said  trustees  shall  determine  for  the  faithful  discharge 
of  his  duties,  in  view  of  the  increased  responsibility  arising  under 
this  act,  and  the  treasurer  of  said  village,  or  other  person  into 
whose  custody  or  under  whose  control  the  said  funds  shall  come, 
shall,  before  receiving  the  same,  also  in  like  manner  give  bonds  for 
the  faithful  discharge  of  his  duties. 

§  3.  The  Superintendent  of  Public  Instruction  may,  if  in  his 
opinion  suitable  buildings  and  rooms  are  provided  at  the  village 
of  Brockport,  for  the  accommodation  of  teachers  and  pupils  of  a 
normal  school,  open  and  put  in  operation  immediately  a  normal 
and  training  school  at  said  village,  in  pursuance  of  chapter  four 
hundred  and  sixty-six  of  the  Laws  of  eighteen  hundred  and  sixty- 
six  ;  but  such  power  and  discretion  shall  cease  on  the  first  day  of 
October,  eighteen  hundred  and  sixty-eight. 


284  Bbockpoet  Normal  School. 

CHAP.  96 

AN  ACT  to  amend  an  act  entitled  "  An  Act  in  relation  to  the 
Establishment  of  a  Normal  and  Training  School  in  the  Village  of 
Brockport,"  passed  February  second,  eighteen  hundred  and 
Bixty-seven. 

Passed  March  19,  1867  ;  tliree-fifths  being  present. 
The  People  of  the  State  of  JVew   York,  represented  in  Senate 

and  Assembly,  do  enact  asfolloios: 

Section  1.  The  first  section  of  an  act  entitled  "  An  act  to  amend 
an  act  entitled  '  An  act  in  relation  to  the  establishment  of  a  nor- 
mal and  training  school  in  the  village  of  Brockport,' "  passed  Feb-, 
ruary  second,  eighteen  hundred  and  sixty-seven,  is  hereby  amended 
so  as  to  read  as  follows : 

§  1.  The  trustees  of  the  village  of  Brockport  having  made  pro- 
posals to  the  commission  appointed  by  chapter  four  hundred  and 
sixty-six  of  the  Laws  of  eighteen  hundred  and  sixty-six,  for  the 
establishment  of  a  normal  and  training  school  in  the  village  of 
Brockport  in  the  county  of  Monroe,  pursuant  to  said  act,  which 
proposals  have  been  accepted  by  said  commission,  the  said  trustees 
of  the  village  of  Brockport  are  hereby  authorized,  directed  and 
empowered  to  carry  said  proposals  into  effect,  and  raise  the  moneys 
necessary  for  that  purpose ;  and  to  that  end  to  levy  and  collect 
taxes  from  time  to  time  as  they  shall  deem  necessary,  and  assess 
or  cause  the  same  to  be  assessed  to  and  upon  the  persons  and 
property  subject  to  taxation  in  said  village,  but  not  exceeding  the 
sum  of  fifty  thousand,  dollars  in  the  aggregate,  and  to  make  con- 
tracts and  incur  liabilities  in  their  corporate  capacity ;  and  also,  if 
in  their  judgment  it  shall  be  deemed  expedient,  to  borrow  money, 
for  any  time  not  exceeding  ten  years,  on  the  credit  of  said  village, 
and  issue  the  corporate  bonds  therefor ;  and  to  issue  such  bonds 
for  the  purchase  of  real  estate  and  the  assumption  of  any  incum- 
brances thereon,  or  for  any  liabilities  incurred  in  their  corporate 
capacity,  for  the  aforesaid  purpose ;  but  such  bonds  shall  not  be 
disposed  of  at  less  than  their  par  value;  the  rate  of  interest 
thereon  shall  not  exceed  seven  per  cent;  and  the  aggregate  of  all 
such  bonds  and  liabilities  shall  not  exceed  fifty  thousand  dollars. 
"VYhencver  the  said  trustees  shall  levy  any  tax  for  any  of  the  pur- 
poses aforesaid,  the  same  shall  be  assessed  and  apportioned  by 


Bbockport  Normal  School.  285 

them  to  and  upon  the  persons  and  property  subject  to  taxation  in 
said  village,  according  to  the  valuations  of  such  property  in  the 
last  completed  assessment  roll  of  said  village,  made  prior  to  the 
levying  of  such  tax,  as  the  same  shall  be  corrected  and  revised  by 
such  trustees ;  and  they  shall  correct  and  revise  the  same,  as  near 
as  may  be,  according  to  the  facts,  as  often  as  they  shall  levy  any 
such  tax.  And  all  taxes  levied  and  assessed  under  the  provisions 
of  this  act,  shall  be  collected  in  the  same  manner  as  other  taxes  in 
said  village  ;  shall  be  a  lien  in  the  like  cases  and  in  like  manner, 
and  the  trustees  and  collector  for  the  time  being  shall  respectively 
have  all  the  powers  in  relation  thereto  and  for  the  collection  of 
the  same  which  are  given  for  the  collection  of  taxes  by  the  act 
entitled  "  An  act  to  condense  and  amend  the  several  acts  relating 
to  the  village  of  Brockport,"  passed  April  ninth,  eighteen  hundred 
and  fifty-two. 


CHAF.  571. 

AN"  ACT  to  provide  for  raising  Money  to  aid  in  the  Establishment 
of  a  Normal  School  at  Brockport. 

Passed  April  23,  1867 ;  three-fifths  being  present. 

The  People  of  the  State  of  New  Yorh^  represented  in  Senate 
and  Assembly^  do  enact  as  follows : 

Section  1.  The  supervisors  of  the  county  of  Monroe  are  hereby 
authorized  to  appropriate  moneys  to  aid  in  the  establishment  of  a 
normal  and  training  school  at  Brockport,  in  said  county,  and  levy 
and  collect  the  same  by  tax,  in  the  same  manner  as  other  county 
taxes  are  levied  and  collected. 

§  2.  Any  of  the  towns  in  said  county,  by  a  vote  of  a  majority 
of  the  electors  thereof  p'resent  at  any  annual  or  special  town 
meeting  therein,  duly  called  by  the  town  board  of  said  town  for 
that  purpose,  may  appropriate  moneys  to  aid  in  the  establishment 
of  such  normal  and  training  school,  and  the  same  shall  thereupon 
be  added,  by  the  supervisors  of  the  county,  to  the  tax  of  such 
town,  for  that  year,  or  that  and  subsequent  years,  by  installment, 
and  collected  in  the  same  manner  as  other  town  taxes. 


286  Geneseo  NoemAl  School. 

CHAF.    195. 

AN  ACT  in  relation  to  the  Establishment  of  a  Normal  and  Train- 
ing School  in  the  Village  of  Geneseo,  to  be  called  "  The  Wads- 
worth  Normal  and  Training  School." 

Passed  March  29,  1867 ;  three-fifths  being  present. 
The  People  of  the  State  of  JVeio   York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

Section  1.  The  electors  of  the  town  of  Geneseo,  in  the  county 
of  Livingston,  are  hereby  authorized  to  vote,  at  the  next  annual 
town  meeting  held  therein,  or  at  a  special  town  meeting  called  for 
the  purpose,  in  the  manner  now  provided  by  law  for  holding 
special  town  meetings,  on  the  question  of  raising  money  (not 
exceeding  one  hundred  thousand  dollars),  by  assessing  tlie  real 
and  personal  property  of  the  inhabitants  of  said  town,  by  the  board 
of  supervisors  of  said  county,  to  aid  in  the  erection  and  furnish- 
ing of  normal  and  training  school  building  or  buildings,  in  said 
town  of  Geneseo,  to  be  called  "The  Wadsworth  normal  and  train- 
ing school,"  and  the  supervisor  of  the  town  of  Geneseo  is  hereby 
authorized  to  borrow  money  on  the  credit  of  said  town,  and  issue 
bonds  for  such  sums  as  shall  have  been  voted  to  be  raised,  bearing 
interest  at  the  rate  of  seven  per  cent  per  annum,  payable  annually, 
the  aggregate  amount  of  said  bonds  not  to  exceed  the  sum  which 
shall  have  been  so  voted,  and  which  shall  not  be  sold  or  disposed 
of  at  less  than  their  par  value,  which  said  bonds  shall  become  due 
and  payable  in  ten  equal  annual  installments,  the  last  of  said 
installments  to  become  so  due  and  payable  Avithin  ten  years  after 
the  passage  of  this  act. 

§  2.  It  shall  be  the  duty  of  the  board  of  town  auditors  of  the 
town  of  Geneseo,  at  their  annual  meeting  in  the  fall  of  each  year, 
to  include  in  their  certificate  of  their  town  audit,  the  same  as  any 
other  town  charge  or  liability,  so  much  of  the  sum  which  shall  have 
been  so  voted,  and  interest  thereon,  as  shall  become  due  within 
one  year  next  thereafter;  and  the  same  shall  be  levied  by  the 
board  of  supervisors  of  said  county,  upon  the  taxable  property 
of  said  town  and  collected  in  the  same  manner  as  other  town 
expenses, 

g  3.  It  shall  be  the  duty  of  the  supervisor  of  the  said  town  of 
Geneseo,  before  doing  any  act  hereby  authorized,  to  execute  his 


Geneseo  Noemal  School.  287 

bond  with  one  or  more  sureties,  to  be  approved  by  the  county 
clerk  and  filed  with  him,  conditioned  for  the  faithful  discharge  of 
his  duties  in  relation  to  said  moneys  so  raised  for  such  normal  and 
training  school,  and  that  he  will  pay  the  same  over  to  the  person 
or  persons  legally  entitled  thereto,  and  duly  account  for  the  same 
as  for  other  town  moneys  received  by  him  as  supervisor. 

§  4.  The  Superintendent  of  Public  Instruction  may,  if  in  his 
opinion  suitable  temporary  buildings  and  rooms  are  provided  in 
the  village  of  Geneseo  for  the  accommodation  of  teachers  and 
pupils  of  a  normal  school,  put  in  operation  a  normal  and  training 
school  in  such  temporary  buildings  in  said  village,  to  be  called 
"The  Wadsworth  normal  and  training  school,"  and  for  such 
purpose  he  may  appoint  a  local  supervising  board  for  such  school, 
who  shall  have  all  the  powers  and  be  subject  to  the  same  restric- 
tions as  the  local  boards  appointed  for  the  normal  schools  located 
by  chapter  four  hundred  and  sixty-six  of  the  Laws  of  eighteen  hun- 
dred and  sixty-six. 

§  5.  This  act  shall  be  taken  and  construed  as  locating  and 
authorizing  the  establishment  of  a  normal  and  training  school  at 
the  village  of  Geneseo,  to  be  called  "  The  Wadsworth  normal  and 
training  school,"  which  school  shall  have  all  the  rights,  appropri- 
ations of  money  and  privileges  of  either  of  the  normal  and  training 
schools  authorized  by  chapter  four  hundred  and  sixty-six  of  the 
Laws  of  eighteen  hundred  and  sixty-six,  and  to  be  subject  to  the 
Bame  control  and  supervision,  rules  and  regulations ;  and  the  pro- 
visions of  said  chapter  four  hundred  and  sixty-six,  so  far  as  the 
same  are  consistent  with  this  act,  and  the  provisions  thereof,  are 
hereby  applied  to  the  normal  and  training  school  hereby  author- 
ized and  located. 

§  6.  The  following  three  persons,  namely,  Craig  W.  Wadsworth, 
John  Rorbach  and  Lockwood  L.  Doty,  are  hereby  constituted  and 
appointed  a  commission,  and  are  hereby  authorized  to  locate  and 
procure  the  site  for,  and  to  procure  to  be  erected  and  furnish  the 
buildings,  fixtures  and  appurtenances  necessary  and  pro2)er  for 
Buch  normal  and  training  school,  and  said  commissioners,  or  a 
majority  of  them,  are  hereby  authorized  to  give  and  make,  or 
cause  to  be  given  and  made,  any  and  all  necessary  transfer  of 
property  to  the  State  for  the  use  and  benefit  of  such  normal  and 
training  school,  which  may  be  required  by  law ;  and  upon  their 


288  Fkedonia  Normal  School. 

order,  or  upon  the  order  of  a  majority  of  said  commission,  the 
said  supervisor  is  hereby  authorized  and  required  to  pay  over  the 
moneys  which  he  may  have  received  for  the  purposes  of  such 
normal  and  training  school. 

§  7.  The  board  of  supervisors  of  the  county  of  Livingston  are 
hereby  authorized,  by  resolution  or  otherwise,  to  cause  to  be 
raised,  levied  and  collected  upon  the  taxable  property  of  such 
county,  such  sum  or  suras  of  money,  not  exceeding  one  hundred 
thousand  dollars,  as  such  board  may  deem  proper,  to  aid  in  paying 
the  necessary  charges  and  expenses  incurred  in  the  establishment 
of  such  normal  and  training  school  at  Geneseo. 

§  8,  This  act  shall  take  effect  immediately. 


CHAP.    223. 

AN  ACT  in  relation  to  the  Establishment  of  a  Normal  and  Train- 
ing School  in  the  Village  of  Fredonia,  Chautauqua  county. 
Passed  March  30,  1867  ;  three-fiftlis  being;  present. 

The  People  of  the  State  of  New  YorJc^  represented  in  Senate  and 
Asseinbly,  do  enact  as  follows : 

Section  1,  The  trustees  of  the  village  of  Fredonia  are  hereby 
authorized  to  assess  and  collect  from  time  to  time,  upon  all  the 
taxable  property  in  said  village,  taxes  not  exceeding  in  the  aggre- 
gate one  hundred  thousand  dollars,  in  the  same  manner  as  other 
village  taxes  are  assessed  and  collected,  for  the  purpose  of  estab- 
lishing a  normal  and  training  school  in  said  village,  and  to  use 
and  disburse  the  money  thus  obtained  for  the  purpose  above  men- 
tioned ;  and  the  trustees  shall  have  power,  if  they  deem  the  same 
advisable,  to  borrow  money  on  the  credit  of  said  village,  and  issue 
bonds  therefor,  bearing  interest  at  the  rate  of  seven  per  cent  per 
annum,  the  aggregate  amount  not  to  exceed  one  hundred  thou- 
sand dollars,  and  which  shall  not  be  sold  for  less  than  their  par 
value,  for  the  purchase  and  improvement  of  the  site,  and  for  erect- 
ing school  buildings  thereon  for  said  normal  and  training  school, 
with  departments  for  academical,  experimental  and  practicing 
schools,  and  for  furnishing  the  same  with  all  needful  school  furiii- 
ture,  apparatus  and  books,  and  to  make  contracts  and  incur 
liabilities  in  their  corporate  capacity,  for  the  purposes  aforesaid. 


COETLAXDYILLE    NOEilAL    ScHOOL.  289 

But  the  aggregate  of  all  such  bonds,  contracts  and  liabilities, 
together  with  the  amount  of  taxes  assessed  and  collected  under 
the  provisions  of  this  act,  shall  not  exceed  the  sum  of  one  hundred 
thousand  dollars. 

§  2.  The  collector  of  said  village  shall  execute  such  additional 
bonds  as  the  said  trustees  shall  approve,  and  in  a  sum  of  double 
the  amount,  to  be  collected  in  any  one  year,  for  the  faithful  dis- 
charge of  his  duties  in  view  of  the  increased  responsibility  arising 
under  this  act.  And  the  treasurer  of  said  village,  or  other  person 
into  whose  custody,  or  under  whose  control,  the  said  funds  shall 
come,  shall,  before  receiving  the  same,  in  like  manner  and  amount, 
give  bonds  for  the  f\\ithful  performance  of  his  duties. 

§  3.  The  Superintendent  of  Public  Instruction  may,  if  in  his 
opinion  suitable  buildings  and  rooms  are  provided  at  the  village 
of  Fredonia,  for  the  accommodation  of  teachers  and  puj^ils  of  a 
normal  school,  prior  to  the  completion  of  the  buildings  aforesaid, 
open  and  put  in  operation  at  any  time  a  normal  and  training 
school  at  said  village,  in  pursuance  of  chapter  four  hundred  and 
sixty-six,  of  the  Laws  of  eighteen  hundred  and  sixty-six,  and  for 
this  purpose  he  may  appoint  the  local  board  to  take  charge  of  such 
school,  provided  for  in  said  act,  at  any  time. 

§  4.  This  act  shall  take  effect  immediately. 


CHAP.   199. 

AN  ACT  in  relation  to  raising  Moneys  in  the  Town  of  Cortland- 
ville,  in  the  County  of  Cortland,  for  the  Purpose  of  aiding  in  the 
Erection  and  Furnishing  of  a  Normal  School  Building  in  said 
Town. 

Passed  Marcli  30,  1867 ;  tkree-fifths  beinor  present. 

The  People  of  the  State  of  Nexc  YorJc^  represented  in  Senate  and 
Assembly,  do  enact  as  follows : 

Section  1.  The  electors  of  the  town  of  Cortlandville,  in  the 
county  of  Cortland,  are  hereby  authorized  to  vote  at  the  next 
annual  town  meeting  held  therein,  or  at  a  special  town  meeting, 
called  for  the  purpose,  in  the  manner  now  provided  by  law  for 
holding  special  town  meetings,  on  the  question  of  raising  money 
(not  exceeding  fifty  thousand  dollars  in  amount),  by  assessing  the 
37 


290  CORTLANDVILLE    NoEMAL    SCHOOL. 

real  and  personal  proj^erty  of  the  inhabitants  of  said  town,  by 
the  board  of  supervisors  of  the  county  of  Cortland,  to  aid  in  tho 
erection  and  furnishing  of  a  normal  school  building  in  said  town 
of  Cortlandville,  as  located  by  the  commissioners,  under  chapter 
four  hundred  and  sixty-six  of  the  Laws  of  eighteen  hundred  and 
sixty-six. 

§  2.  The  board  of  supervisors  of  the  county  of  Cortland  are 
hereby  directed  and  required  to  levy  and  collect  upon  the  taxable 
property  of  the  said  town  of  Cortlandville,  in  the  manner  provided 
by  law  for  the  collection  of  taxes,  the  sum  Avhich  shall  have  been 
voted  to  be  raised  by  the  electors  of  said  town,  under  the  first 
section  of  this  act,  which  sum  shall  be  so  levied  and  collected  in 
such  installments  and  at  such  times  as  shall  be  determined  upon 
by  the  electors  of  said  town,  at  said  annual  or  special  town  meet- 
ing, to  be  expressed  by  a  resolution  passed  at  such  meeting. 

§  3.  The  supervisor  of  the  town  of  Cortlandville  is  hereby 
directed  and  required  to  procure  suitable  blanks,  and  to  issue  the 
bonds  of  said  town,  signed  by  the  supervisor  thereof,  with  interest 
coupons  attached,  in  the  form  to  be  adopted  by  him,  for  the  sum 
which  shall  have  been  voted  as  aforesaid  to  be  raised,  bearing 
interest  at  the  rate  of  seven  per  cent  per  annum,  from  the  date 
thereof;  such  bonds  to  be  issued  in  such  separate  sums  and 
payable  at  such  times  as  shall  be  determined  upon  by  the  electors 
of  said  town,  by  a  resolution  passed  at  the  town  meeting  aforesaid. 

§  4.  The  taxes  in  this  act  directed  to  be  levied  and  collected 
shall  be  paid  to  the  treasurer  of  the  corporation  of  Cortland 
village,  and  by  him  be  applied  to  the  payment  of  the  bonds  of 
said  town,  herein  dii'ected  to  be  issued,  and  the  interest  thereon, 
as  the  same  shall  become  due  and  payable. 

§  5.  The  supervisor  of  said  town  shall  deliver  the  bonds  to  be 
issued  as  aforesaid,  to  the  board  of  trustees  of  Cortland  village 
aforesaid,  to  be  by  them  used  and  negotiated  at  not  less  than  the 
par  value  thereof,  and  the  avails  a{)plied  by  them  toward  the 
erection  of  said  normal  school  building,  and  to  supply  the  same 
■with  the  necessary  apparatus,  books  and  furniture,  and  Avhich 
trustees  shall  give  security  to  be  approved  by  the  county  judge, 
for  the  faithful  application  of  the  avails  of  said  bonds,  pursuant  to 
this  act. 

§  6.  This  act  shall  take  effect  immediately. 


Buffalo  Noumal  School.  291 

CHAr*.  583. 

AN  ACT  to  amend  the  Act  entitled  "  An  Act  in  regard  to  Normal 
Schools,"  passed  April  seventh,  eighteen  hundred  and  sixty-six, 
and  providing  for  a  Xormal  and  Training  School  in  the  City  of 
Buffalo. 

Passed  April  23,  1867 ;  three-fifths  being  present. 
The  People  of  the  State  of  JVeio   York,  rejyresented  in  Senate 

and  Assembly,  do  enact  as  follotos : 

Section  1,  The  commissioners  named  in  the  first  section  of  the 
act  entitled  "  An  act  in  regard  to  normal  schools,"  passed  April 
seventh,  eighteen  hundred  and  sixty-six,  and  of  which  this  act  is 
an  amendment,  shall  be  and  they  are  hereby  authorized,  in  their 
discretion,  to  accept  the  proposals  which  were  made  to  them  under 
the  provisions  of  the  said  act,  for  the  location  of  a  normal  and 
training  school  in  the  city  of  Buffalo,  or  any  additional  or  other 
I^roposals  which  may  be  made  in  respect  thereto ;  and,  upon  the 
acceptance  of  such  proposals,  all  and  every  of  the  provisions  of 
the  said  act  shall  apply  to  said  normal  and  training  school,  and  the 
location,  establishment,  conduct  and  maintenance  thereof,  and  shall 
have  full  force  and  effect  in  respect  thereto  and  to  all  matters  con- 
nected therewith,  in  the  same  manner  and  with  the  like  effect,  as 
though  the  said  jiroposals  had  been  duly  accepted  according  to  and 
under  the  provisions  of  said  act;  and  all  acts,  resolutions  and  pro- 
ceedings of  the  common  council  of  the  city  of  Buffalo,  and  of  the 
board  of  supervisors  of  the  county  of  Erie,  in  respect  to  the  loca- 
tion or  establishment  of  a  normal  and  training  school  in  said 
city,  are  hereby  confirmed  and  made  effectual  for  the  purposes 
intended,  in  the  same  manner,  and  with  the  like  effect,  as  if  a  nor- 
mal and  training  school  had  been  duly  located  in  said  city  by  the 
acceptance  of  proposals  therefor  under  the  provisions  of  said  act. 

§  2.  This  act  shall  take  effect  immediately. 


292  Indigent  Deaf  Mutes. 

CHAJ?.    725. 

AN  ACT  to  increase  the  Compensation  authorized  by  the  Act 
entitled  "  An  Act  to  provide  for  the  Care  and  Education  of 
Indigent  Deaf  Mutes  under  the  Age  of  Twelve  Years,"  passed 
April  twenty-fifth,  eighteen  hundred  and  sixty-three. 

Passed  April  24,  1867. 
The  People  of  the  State  of  Neio  YorJc,  represented  in  Senate  and 

Assembly^  do  enact  as  follows : 

Section  1.  The  expenses  for  the  board,  tuition  and  clothing  of 
the  children  under  the  age  of  twelve  years,  placed  in  the  New 
York  institution  for  the  insti'uction  of  the  deaf  and  dumb,  pursu- 
ant to  the  provisions  of  the  third  and  fourth  sections  of  chapter 
three  hundred  and  twenty-five,  Laws  of  eighteen  hundred  and 
sixty-three,  shall,  until  otherwise  directed  by  law,  be  estimated  at 
the  rate  of  two  hundred  and  thirty  dollars  j)er  capita,  instead 
of  the  amount  therein  provided. 

§  2.  This  act  shall  take  elFect  on  the  first  of  September,  eighteen 
hundred  and  sixty-seven. 


DIGEST  OF  DECISIONS 


STATE   SUPERINTENDENTS. 


APPEALS. 

It  is  a  rule  of  this  department,  that  all  acts  of  school  district  officers  will  be  regarded  as 
regular  unless  duly  appealed  from. 

This  appeal  is  brought  from  the  proceedings  of  a  special  meeting  held  in 
district  No.  9,  Preble  and  Scott,  August  5,  1848,  for  the  purpose  of  receiving 
the  report  of  Elam  Dunbar,  as  trustee  of  said  district,  the  said  Dunbar  having 
resigned  his  office  in  December,  1847. 

It  is  immaterial  whether  the  meeting  of  August  5,  1848,  which  received  and 
accepted  the  report  of  Mr.  Dunbar,  was  regular  or  not.  His  report  and  the 
complaints  made  against  him  were  of  acts  preA^ious  to  the  meeting  of  Decem- 
ber, 1847,  at  wliich  he  resigned,  and  at  which  his  report  should  have  been 
made  and  accepted. 

It  is  a  rule  of  this  department,  that  all  acts  and  proceedings  of  school  officers 
will  be  regarded  regular  unless  duly  appealed  from.  Whatever,  therefore, 
may  have  been  the  neglect  of  duty  of  Mr.  Dunbar  while  in  office,  provided  he 
has  not  rendered  himself  liable  by  sqitandering  or  losing  moneys  belonging  to 
the  district,  he  will  be  regarded  as  having  discharged  his  duties  faithfully. 

Appeal  dismissed.     Per  Morgan,  January  24,  1849. 

It  is  the  policy  of  the  department  to  discourage  the  bringing  of  appeals  for  light  and  trifling 

causes. 

It  is  the  policy  of  the  department  to  discourage  the  bringing  hither  of  appeals 
for  light  and  trifling  causes.  There  should  be  some  real  grievance,  some  posi- 
tive and  serious  injury  sustained,  to  justify  a  resort  to  tliis  department  for 
redress.     Per  E.  W.  Keyes,  Deputy  Superintendent,  February  15,  1859. 

The  Superintendent  of  Public  Instruction  will  not  entertain  appeals  in  relation  to  flues  and 
penalties.    The  imposition  of  lines  and  penalties  belongs  to  the  courts  of  law. 

This  appeal  is  brought  for  the  purpose  of  fixing  upon  the  school  commis- 
sioner the  responsibility  for  the  loss,  by  the  district,  of  the  public  moneys 
to  which  they  would  have  been  entitled  "had  twenty-eight  weeks'  school  been 
taught  therein  l)y  a  duly  qualified  teacher,  and  to  compel  said  commissioner 
to  make  good  such  lo.ss  to  the  district,  in  accordance  with  the  provisions  of  sec- 
tion 1  of  title  13  of  the  general  scliool  law.  The  Su])(!rintendent  lias  invari- 
ably refused  to  assume  jurisdiction  of  cases  in  the  nature  of  a  prosecution  for 
the  recovery  of  a  fine  or  penalty,  and  he  will  not  vary  his  rule  in  the  present 
instance.  If,  by  Mr.  Tozer's  neglect,  the  district  has  lost  money  which  they 
otherwise  would  have  received,  ample  redress  will  be  given  by  the  courts  of 


294  Appeals. 

law  having  jurisdiction  of  the  case.  The  Superintendent  has  no  power  to 
direct  tlio  payment  by  any  person  of  money  other  than  the  public  money,  or 
that  belono-ing-  to  the  district;  consequently  it  belongs  to  the  regular  courts 
of  law  to  enforce  the  j^ayment  of  fines  and  penalties,  and  hence  this  appeal 
must  be  and  hereby  is  dismissed.     Per  V.  M.  Rice,  June  6,  1866. 

Appeals  from  tax  list?  must  be  brought  by  the  party  considering  himself  aggrieved,  imme- 
diately upon  becoming  apprised  of  the  existence  of  such  tax  list.  A  delay  until  collection 
is  enforced  by  levy  and  sale  will  be  fatal. 

On  the  appeal  of  J.  S.  B.,  one  of  the  trustees,  from  the  action  of  his  associate 
trustees  in  the  matter  of  the  levy  and  sale  of  the  appellant's  ytroperty  to  satisfy 
a  tax  levied  against  him,  the  facts  go  to  show  that  the  tax  list  upon  the  appel- 
lant was  assessed,  and  the  warrant  under  which  his  property  was  sold,  were 
made  out  by  the  two  trustees  without  consultation  with  the  appellant. 

The  appellant  occupies  a  relation  to  this  question  which  no  other  inhabitant 
does.  lie  was  one  of  the  trustees,  and  as  such,  was  bound  to  counsel  with 
and  advise  his  associates  of  any  error  in  their  proceedings  as  soon  as  apprised 
of  it,  and  if  they  refused  to  accept  or  act  upon  his  advice,  then  he  should  seek 
to  bring  the  matter  in  dispute  to  the  earliest  and  simplest  possible  adjudication. 
If  he  fails  to  do  this,  he  may  be  found  to  have  acquiesced  in  the  proceedings, 
and  to  have  waived  his  personal  rights  in  the  matter. 

Had  he  refused  to  waive  his  rights,  and  brought  an  appeal  from  the  proceed- 
ing of  his  associates  at  a  time  when  the  proper  order  could  have  been  made  for 
revision  and  correction  of  the  tax  list,  the  Superintendent  would  have  felt 
bound  to  make  such  an  order.  But  he  neglected  the  equitable  remedy,  and 
waited  until  his  property  had  been  sold,  and  until  the  proper  remedy  for  him 
was  a  legal  remedy,  and  then  asks  for  the  eqititable  interference  of  the  Super- 
intendent. In  my  judgment  it  is  too  late.  The  appellant  has  himself  suflFered 
his  caitse  to  go  beyond  the  jurisdiction  of  the  Superintendent,  and  must,  there- 
fore, abide  by  the  result  of  his  neglect.  Per  E.  W.  Keyes,  Deputy  Superin- 
tendent, May  18,  1864. 

Appeal  disregarded  for  vagueness  of  statement. 

The  appellants  are  tmfortunate  in  so  expressing  themselves  as  to  leave  all 
the  material  facts  which  they  seek  to  establish,  to  be  inferred  only.  There  is 
hardly  a  distinct,  emphatic  assertion  from  the  beginning  to  the  end  of  the 
appeal.  Their  diagrams  give  me  no  idea  of  the  situation  of  the  district,  or  of 
the  property  set  off — and  generally  their  statements,  or  what  they  claim  and 
intend  as  such,  are  vaguely  and  indefinitely  hinted. 

For  these  reasons  1  am  unable  to  know  and  understand,  still  less  to  consider 
the  merits  involved,  and  the  appeal  must,  therefore,  be  dismissed.  Per  E.  W. 
Keyes,  Deputy  Superintendent,  August  2,  1864. 

Appeals  to  this  department  will  not  be  considered  unless  they  are  legible  and  intelligible  in 

statement. 

It  is  iTjdispensable  that  appeals  to  the  Superintendent  should  be  legible  and 
intelligible.  A  nrian  is  not  to  be  blamed  for  his  inability  to  prepare  an  appeal 
in  such  form  that  it  will  answer  these  conditions ;  it  is  only  his  misfortune, 
and  he  is  tliereby  compelled  to  procure  the  assistance  of  some  one  who  is  able 
to  express  himself  with  some  measure  of  clearness.  Per  E.  W.  Keyes,  Deputy 
Superintendent,  April  24,  1864. 

The  department  will  not  entertain  questions  of  controversy  that  are  at  issue  before  the 

civil  courts. 

Where  the  questions  at  issue  in  a  matter  of  appeal  to  this  Dejiartment  were 
before  the  civil  courts  for  adjudication,  held,  that  it  would  be  altogether 
improper  for  this  department  to  seek  to  forestall  the  action  and  judgment  of 
tlic  court,  when  it  lias  knowledge  of  the  pendency  of  the  action  before  that 
tribimal.    Per  V.  M.  Rice,  Superintendent,  December  1,  1863. 


Appeals,  295 

Equitable  relief  cannot  be  afforded  where  the  same  is  contrary  to  law. 

On  an  appeal  from  the  refusal  of  the  trustees  to  pay  a  portion  of  the  public 
money  to  one  B.,  who  taught  the  district  school  durino^  a  portion  of  the  winter, 
it  appears  that  two  of  the  trustees,  a<rainst  the  advice  and  without  the  consent 
of  the  third,  hired  one  J.  P.  to  teach  tlie  district  school  during  the  winter  term. 
The  siud  J.  P.  having  proved  incompetent  to  teach,  the  scliool  was  closed,  and 
the  majority  of  the  trustees  refused  to  hire  another  teacher  unless  the  inhabit- 
ants would  agree  to  become  responsible  for  his  wages.  This  they  refused  to 
do,  and,  at  their  request,  the  tliird  trustee,  without  consultation  with  his 
associates,  hired  the  said  B.  to  teach  the  school  the  remainder  of  the  term.  He 
taught  according  to  agreement,  but  tlie  majority  of  the  trustees  refuse  to 
acknowledge  the  legality  of  this  proceeding,  or  to  pay  any  part  of  the  wages 
thus  earned. 

The  action  of  the  trustees  in  refusing  to  pay  B.  cannot  be  impeached. 
Wliatcver  wrong  they  may  have  done,  the  said  B.  was  illegally  liired,  and  has 
no  claim  upon  them.  Even  though,  under  the  circumstancesi,  the  department 
should  find  that  the  justice  and  equity  of  tlie  case  were  with  the  appellants, 
still  equitable  relief  can  be  aflbrded  only  when  there  is  some  legal  claim. 
Equity  follows  law ;  it  cannot  be  enforced  in  opposition  to  law.  Here  there  is 
no  legal  claim  upon  which  equitable  action  can  be  predicated.  The  department 
has  no  power  to  compel  the  trustees  to  do  what  the  law  does  not  require  them 
to  do.     Per  V.  M.  Pace,  Superintendent,  June  10,  1S62. 

If  commissioners  witlihold  assent  to  raise  a  tax  for  building  a  school-house  larger  than 
§400  ($1000),*  their  refusal  is  subject  to  review  upon  appeal. 

The  inhabitants  of  the  village  of  Cuba  had  been  united  in  one  district  by 
the  consolidation  of  two  others.  They  had  been  offered  a  site  for  a  school- 
house,  in  a  central  and  commodious  location,  upon  the  sole  consideration  that 
they  should  erect  upon  it  a  house  worth  $800.  They  unanimously  voted  to 
accept  the  site  and  raise  the  tax,  and  ai)plied  to  the  school  commissioners  for 
consent  to  levy  that  sum.  Consent  was  refuseJ  on  the  ground  that  the  con- 
solidation of  the  districts  would  be  the  means  of  breaking  up  the  select  scliool 
hitherto  maintained  in  the  district,  and,  further,  that  the  inhabitants  were 
unable  to  bear  the  increased  burdens  of  such  an  organization. 

The  commissioners  have  a  discretionary  power  to  grant  or  refuse  their  con- 
sent. But  in  this  case  it  was  not  wisely  exercised.  They  were  bound  to  have 
a  stronger  interest  in  tlie  improvement  of  tlie  common  schools  than  in  the  wel- 
fare of  a  private  select  school.  The  inhabitants,  who  ought  to  understand 
their  own  interests,  and  know  their  pecuniary  resources,  had  unanimously 
resolved  to  raise  the  tax  and  shoulder  the  burden  of  the  new  organization. 
The  commissioners  ought  not  to  assume  that  they  had  overestimated  their 
ability. 

Tlie  majority  of  the  inhabitants  of  a  district  may  consist  of  persons  destitute 
themselves  of  pecuniary  resources,  and  desirous  to  avail  themselves  of  the 
property  of  the  minority  to  build  an  unnecessarily  costly  school-house  for  the 
district.  The  check,  which  the  commissioners  possess,  to  abuses  like  this,  is 
wise  and  salutary,  and  that  check  was  undoubtedly  conferred  with  a  view  to 
the  possible  liapi)ening  of  cases  of  this  description. 

The  discretion  exercised  in  this  case,  lilce  tliat  of  granting  or  refusing  a  cer- 
tificate to  a  teacher,  is  the  subject  of  appeal.  Tlie  authority  of  the  Superin- 
tendent upon  appeal  extends  to  all  matters  arising  under  the  school  laws.  His 
decisions  have  been  treated  as  conclusive  by  the  courts,  and  acquiesced  in  by 
th(;  Legislature  and  the  people. 

Tlie  commissioners  were  ordered  to  give  their  consent  to  the  tax  of  $800. 
Per  Spencer,  July  19,  1841. 

*  The  amount  which  a  district  might  vote  for  the  parchase  of  a  site  was  first  fixed  at 
$400,  subsequently  raised  to  $S00,  and  is  now  $1000. 


296  Appeals. 

Subsequently  the  same  case  caine  vip  a  second  time,  on  the  refusal  of  the 
commissioners  to  obey  the  order  of  the  Superintendent.  The  previous  decision 
was  siistained  and  enforced  in  an  elaborate  ojiiuion,  from  which  we  take  the 
portions  treating  of  discretionary  powers,  and  the  appellant  jiuisdiction  of  the 
school  department. 

"  The  discretion  of  public  officers  is  a  lega^  one,  to  be  governed  by  sound 
principles,  and  not  by  the  capricious  whim  of  the  individual,  and  the  instances 
are  frequent  where  courts  of  law  regulate  and  direct  the  exercise  of  discre- 
tionary power  by  officers,  where  third  persons  have  an  interest  in  such  exer- 
cise. The  only  discretion  which  courts  do  not  undertake  to  control  is  that 
which,  according  to  Justice  Sutherland  (5  Wendell,  125),  '  is  not  and  cannot  be 
governed  by  any  fixed  principles  and  rules.'  Few  matters  would  seem  more 
susceptible  of  the  application  of  fixed  rules  than  the  size  of  a  school-house 
necessary  to  accommodate  properly  a  given  number  of  children,  the  amount 
of  money  required  for  its  construction,  and  the  ability  of  a  district  to  raise  a 
given  sum.  So  that,  even  upon  any  of  the  ordinary  processes  of  law,  this 
would  be  a  case  where  the  discretionary  power  of  commissioners  could  be  reg- 
ulated and  controlled.  But  when  we  consider  that  a  tribunal  has  been  erected 
for  the  express  puqDose  of  supervising  all  the  officers  engaged  in  the  adminis- 
tration of  the  common  school  system  ;  that  there  is  scarcely  an  act  to  be  per- 
formed by  them  which  does  not  involve  more  or  less  discretion,  and  that  an 
appeal  is  given  from  all  these  acts  in  the  most  comprehensive  terms ;  we  seo 
at  once  that  the  rules  which  would  govern  legal  proceedings  on  common  law 
process  are  not  the  proper  guides,  and  that  we  must  recur  to  broader  and  more 
enlarged  principles. 

"  The  word  '  appeal '  comes  from  the  civil  law,  and  its  nature  and  office  is  to 
substitute  the  appellate  tribunal  for  that  whose  acts  are  examined  ;  and,  if  the 
case  be  one  involving  discretion,  then  the  appeal  invokes  that  very  discretion 
in  the  superior,  in  the  same  manner  and  to  the  same  extent  that  it  was  pos- 
sessed by  the  inferior.  '  The  cause  is  in  the  appellate  court,'  says  the  supremo 
court  of  the  United  States,  in  1  Wheuloii  112,  'as  if  it  were  in  the  inferior 
court.' 

"The  great  majorit_y  of  cases  decided  in  this  department  are  those  involving 
more  or  less  discretionary  power. 

"  The  statute  itself  enumerates  many  cases  that  are  entirely  of  a  discre- 
tionary character.  The  decisions  of  district  school  meetings  upon  any  subject 
upon  which  they  are  competent  to  act,  such  as  the  designation  of  the  site  of  a 
school-house,  the  amount  of  money  to  bo  raised  by  tax,  and  the  omission  to 
levy  taxes,  involve  large  discretion,  but  are  nevertheless  subject  to  appeal  l)y 
the  express  words  of  the  law.  The  formation  and  alteration  of  school  districts 
must  be  guided  l)y  a  sound  judgment  upon  various  facts  and  circumstances, 
such  as  the  number  of  children,  tlu'  amount  of  taxable  property,  the  extent  of 
territory,  and  tlie  convenience  of  the  inhabitants.  Some  fixed  rules  may  be 
applied,  but  in  many  cases  the  decision  must  depend  ou  general  ideas  of  the 
propriety  and  fitness  of  things. 

"  Among  cases  not  enumerated,  and  which  fall  within  the  fourth  subdivision 
of  the  section  conferring  the  right  of  ajjpeal,  the  following  are  of  daily  occur- 
rence, viz. :  The  granting  or  refusing  a  license  to  a  teacher  ;  the  valuations  of 
sclioolliouses  or  otlier  jfroperty  on  the  formation  of  new  districts;  the  refusal 
of  trustees  to  call  special  meetings,  to  emphjy  teachers,  or  to  keep  the  schools 
oyien,  and  the  employnnjnt  and  dismissal  of  teachers;  the  government  of  the 
ecluxd  ;  the  admittance  and  exjjulsion  of  scholars,  etc.  Indeed  it  would  be 
difficult  to  specify  a  single  act  which  any  offic(;r  concerned  in  the  administra- 
tion of  the  system  may  perform,  that  has  not  been  the  subject  of  appeal. 

"The  present  case  i)resents  less  opjiort unity  for  the  exercise  of  discretion 
than  many  of  those  above  enuYnerated.  The  expense  of  a  school-house  must 
depend  upon  its  size  and  materials.  Its  sizt;,  the  numl>er  of  moms,  and  tlio 
proper  conveniences,  will  depend  upon  the  number  of  eliildn-n  in  the  districi; 
of  the  proper  age  to  occupy  it.      The  only  other  element  for  consideration  is 


Appeals.  297 

tlie  ability  of  the  district,  a  fact  easily  ascertained  from  the  assossment  roll. 
Tliere  is,  therefore,  nothincf  in  the  nature  of  tlu;  decision  to  be  made,  to  prevent 
its  beinfj  reviewed  and  examined  npon  fixed  and  settled  principles. 

"  So  far  as  our  laws  afford  any  analojry  in  cases  of  api)eal,  there  does  not 
appear  to  bo  any  distinction  between  discretionary  and  other  cases.  Thus, 
apjjcals  to  county  judtres  from  commissioners  of  highways,  respecting  tlio 
opening,  altering  and  discontinuing  of  highways,  necessarily  involve  that 
discretion  which  depends  on  private  judgment. 

"  UjKjn  the  most  mature  deliberation,  then,  I  cannot  doubt  that  the  granting 
or  refusing  of  a  certificate,  that  a  larger  sum  than  $400  should  be  raised  for 
building  a  school-house,  is  necessarily  the  subject  of  an  appeal  to  the  Superin- 
tendent. And  as,  in  all  cases  of  a])peal,  the.  statute  declares  his  opinion  to  bo 
'  final,'  there  must  be  somi!  mode  of  giving  it  effect.  In  the  present  case, 
the  commissioners  decline  obedience  to  the  order  directing  them  to  grant  the 
required  certificate.  From  that  refusal  an  appeal  has  been  made,  and  the 
commissioners  have  answered.  The  whole  system  must  be  very  defective  if 
tliere  be  no  power  to  have  an  act  performed  which  the  competent  tribunal  has 
detennined  to  be  legal  and  proper,  rerhajis  the  appellants  may  enforce  the 
order  of  the  Superintendent,  by  an  application  to  the  supreme  court  for  a  man- 
damus. •- 

"  But,  if  there  be  a  more  direct,  simple  and  less  expensive  remedy,  I  am 
bound  to  pursue  the  policy  of  the  statute  in  erecting  this  tribimal,  by  furnish- 
ing it.  I  think  there  is.  It  is  a  universal  principle,  recognized  in  England 
and  in  this  country,  that  the  court  to  which  a  writ  of  error  or  an  appeal  is 
brought  is  boimd  to  render  the  judgment  which  the  inferior  tribunal  should 
have  rendered.  Upon  this  principle,  this  department  may  authorize  the  inhab- 
itants of  the  district,  at  a  lawful  meeting,  to  raise  the  additional  sum  neces- 
sary for  building  a  new  school-house,  that  being  the  judgment  or  decision 
which,  in  the  opinion  of  the  Superintendent,  the  commissioners  should  have 
made.  I  find  an  order  of  my  immediate  predecessor,  founded  on  this  principle, 
and  analogous  to  the  one  proposed  to  be  made  on  this  appeal,  in  the  case  of  the 
trustees  of  school  district  No.  30,  in  Johnstown,  in  Common  School  Decisions, 
page  IGl.  The  inhabitants  of  the  district  had  authorized  the  trustees  to  make 
sucli  repairs  to  the  school-house  as  they  should  think  necessary  and  proper, 
and,  in  pursuance  of  such  authority,  they  had  contracted  with  a  workman  to 
make  the  repairs,  and  agreed  to  pay  him  $oO.  But  the  district  refused  to  vote 
more  than  §25.  On  appeal,  the  Superintendent,  Mr.  Dix,  held  that  the  district 
was  bound  to  indemnify  the  trustees  ;  and  he  ordered  that  the  trustees  should 
make  out  a  tax  list  for  tite  whole  amount  and  collect  it." 

In  pursuance  of  this  opinion,  the  district  was  authorized  to  raise  a  tax  of 
$400,  over  and  above  the  $400  which  the  district  could  otherwise  raise,  and 
tlie  trustees  were  empowered  to  levy  and  collect  it.  Per  Spencer,  September 
18,  1841. 

What  questions  are  to  be  decirled  by  the  department  in  reviewing  the  action  of  local  boards 
altcrinj,'  the  boundaries  of  districts. 

In  reviewing  the  action  of  local  boards  in  altering  the  boundaries  of  dis- 
tricts, the  department  cannot  treat  the  questions  as  though  it  had  original 
jurisdiction.  The  question  is  not  "  What  would  the  department  have  done, 
iiad  it  been  called  originally  to  act?"  but,  rather,  "  Has  the  action  of  the  local 
board  been  so  far  a  departure  from  what  is  legal,  consistent  or  just,  as  to 
demand  a  reversal  of  its  proceedings?"  This  only  is  the  department  called 
upon  to  decide.     Per  E.  W.  Keyes,  Acting  Superintendent,  May  31,  18G1. 

An  appeal  from  corrections  in  a  tax  list  made  at  the  sustcfestion  and  desire  of  the  appellant 
will  not  be  sustained.  Tax  lists  must  be  made  out  from  the  last  assessment  roll,  other- 
wise they  are  not  valid. 

This  is  an  appeal  from  the  acts  of  the  tru.stees  in  making  out  two  tax  lists, 
and  in  proceeding  to  enforce  the  collection  of  the  same. 

38 


298  Appeals. 

The  objection  to  the  first  of  these  tax  lists  is  insufficient  to  estahlish  its 
invalidity.  The  complaint  that  the  trustees  corrected  it  upon  his  suo:o;estion 
and  at  his  desire  comes  with  poor  grace  from  the  man  in  whose  behalf  the 
corrections  were  made.  The  department,  therefore,  now  justifies  and  approves 
the  amendments  complained  of. 

The  objection  to  the  second  tax  list  is  that  it  was  made  from  the  assessment 
rolls  of  1859,  though  at  the  time  the  assessment  of  18G0  was  complete,  and 
had  been  delivered  to  the  supervisor. 

This  tact,  being  admitted  by  the  trustees,  is  fatal  to  the  validity  of  the  tax 
list,  though  the  trustees  acted  ignorantly  or  in  good  faith.  That  does  not 
change  the  question.  Tiie  statute  invests  them  with  no  authority  to  use  any 
other  than  the  last  assessment  roll,  and  this  department  has  no  power  to  con- 
travene the  provisions  of  tlie  law.  Per  H.  H  Van  Dyck,  Superintendent, 
February  16,  1861. 

Appeals  should  be  brought  promptly,  or  it  may  be  too  late  to  apply  a  remedy. 

If  it  were  not  that  these  proceedings  had  become  confirmed  by  the  sxibse 
quent  action  of  the  trustees,  the  department  would  be  disposed  to  exercise  its 
equitable  power  to  prevent  their  con.^ummation.  But  by  the  indiscietion  of 
the  appellant  in  neglectin^o  bring  his  ai)peal  at  once,  the  act  of  that  meeting 
became  confirmed,  and  there  is  uo^v  no  sufficient  justification  for  iuteri'crenco 
by  this  department.     Per  H.  II.  Van  Dyck,  Superintendent,  July  20,  1860. 

Appeal  dismissed  on  account  of  defective  affidavit. 

.  The  evidence  to  substantiate  the  allegation  in  this  appeal— that  of  illegal 
voting — is  far  from  conclusive.  The  affidavit  offered  in  evidence  is  to  the 
effect  that  the  facts  stated  are  true,  as  far  as  they  are  stated  within  the 
knowledge  of  the  appellant.  But  there  is  nowhere  any  indication  as  to  what 
facts  are  stated  upon  knowledge,  and  what  upon  information  and  belief,  so  that 
I  have  no  gitide  by  which  to  estimate  the  value  of  the  testimony. 

On  this  ground  the  appeal  must  be  dismissed.  Per  H.  H.  Van  Dyck,  Super- 
intendent, March  20,  1860. 

Appeal  dismissed  on  ground  of  vagueness  of  statemimt. 

The  various  complaints,  and  defenses  thereto,  in  this  appeal,  form  a  most  com- 
plicated tissue  of  crimination  and  recrimination,  without  connection,  depend- 
ence, or  logical  beginning  or  sequence.  The  most  I  can  make  of  it  is  that 
there  is  an  "  irrepressible  conflict "  between  two  of  the  truste(!S  on  one  side, 
and  one  trustee  and  a  portion  of  the  inliabitants  on  the  other.  After  a  careful 
perusal  of  the  many  and  various  docunu^its  submitted  to  this  department, 
designed  to  give  a  true  exposition  of  affairs,  I  am  wholly  at  a  loss  to  gather 
from  them  any  idea  as  to  the  real  merits  of  the  controversy.  I  can  do  nothing 
till  a  clear,  connected,  and  conclusive  statement  of  the  facts  out  of  which  the 
controversy  grew  is  made,  and  the  present  appeal  is,  therefore,  dismissed.  Per 
H.  H.  Van" Dyck,  Superintendent,  March  9,  1860. 

An  appeal  from  a  tax  li^t.  on  whatever  grounds,  must  be  brought  before  a  levy  and  sale  is 
made,  to  justify  iuteifercnce  of  this  department. 

The  facts  stated  by  the  apjiellant  and  admitted  by  the  trustees  constitute  a 
proper  ground  of  appeal,  had  such  action  been  taken  at  the  proper  time.  It 
devolved  upon  the  appellant,  as  soon  as  he  came  to  the  knowledge  of  the  errors 
in  the  tax  list  set  forth  by  him,  to  bring  his  appeal,  in  order  that  the  trustees 
might  be  directed  to  amend  their  tax  list.  Instead  of  this,  he  delayed  action 
until  the  collection  of  his  tax  was  enforced  by  levy  and  sale  of  his  property. 
For  tliis  action,  if  wrongfully  done,  then;  is  no  remedy  but  by  civil  suit.  The 
appellant,  by  delay,  has  precludiHl  himself  from  eiiuity  redress. 

Had  the  aijpeal"  been  bnnight  in  due  time,  the  errors  complained  of  would 
have  boon  corrected ;  but,  as  it  is,  I  find  no  occasion  for  interference,  and  the 


Appeals,  299 

appeal  is,  therefore,  dismissed.     Per  E.  W.   Koycs,  Deputy  Superintendent, 
March  G,  18G0. 

Real  parties  in  interest  will  be  heard  upon  appeal. 

It  is  ever  the  {X)licy  of  this  department  to  arrive  at  the  facts  of  any  case  pre- 
sented before  it  on  appeal,  and  to  decide  the  same  according'  to  the  merits 
involved,  as  appearin<r  from  the  facts  so  presented  ;  and,  to  promote  this,  the 
real  parties  in  interest  will  ever  be  heard,  whether  in  tlie  i)etition  or  appeal 
they  are  represented  or  not.  Per  H.  H.  Van  Dyck,  Superintendent,  May  13, 
1859. 

Appellants  must  state  their  case  clearly  and  prove  it  conclusively  in  order  to  justify  inter- 
ference. 

On  an  appeal  from  various  proceedings  of  the  trustees  and  collector  of  the 
district,  the  only  charge  made  that  is,  under  the  circumstances,  at  all  subject 
to  the  cognizance  of  this  department,  relates  to  the  correctness  of  the  assess- 
ment roll  or  tax  list. 

The  roll  in  question  may  be  right,  or  may  be  wrong.  Certainly  very  little 
liglit  is  tlirown  upon  the  subject  by  the  evidence  on  either  side.  It  is  not  the 
business  of  the  department  to  investigate  and  determine  what  may  he  the  facts, 
when  the  e\-idence  is  insufficient  to  indicate  them.  It  is  the  duty  of  parties 
bringing  an  appeal  to  make  out  a  case  in  some  clear  and  definite  form,  so  that 
it  can  be  distinctly  seen  what  is  and  what  is  not  proven.  In  this  case,  the 
appellants  have  failed  to  do  that,  and  the  appeal  must,  therefore,  be  dismissed. 
Per  E.  W.  Keyes,  Deputy  Superintendent,  May  3,  1859. 

An  appeal  will  he  dismissed  for  obscurity  of  statement. 

The  facts  and  circumstances  of  the  transaction  are  so  vaguely  and  clumsily 
set  forth  in  this  appeal  that  it  is  impossible  to  get  at  the  merits  of  the  case. 

In  bringing  appeals  to  tliis  department,  no  material  facts  should  be  left  to 
be  inferred  or  conjectured. 

The  present  appeal  is  hereby  dismissed  for  obscurity  of  statement.  Per  E. 
W.  Keyes,  Deputy  Superintendent,  May  2,  1859. 

Power  of  the  department  to  grant  rehearings  in  matters  of  appeal  considered. 

This  is  an  appeal  asking  for  a  rehearing  of  all  matters  in  controversy  in  the 
district  that  have  been  brought  before  this  department  since  March  34,  1857. 

The  main  purpose  of  this  appeal  is  to  secure  a  reliearing  upon  the  merits  of 
those  facts  and  arguments  presented  in  an  appeal  to  this  department  which 
was  dismissed  December  19,  1857,  and  by  restoring,  as  far  as  may  be,  the  con- 
dition of  things  existing  at  that  time,  to  aflbrd  the  appellants  the  relief  at 
that  time  sought. 

At  this  point  we  are  met  by  the  position  of  the  counsel  for  the  respondents, 
that  this  department  has  no  power  to  grant  a  rehearing  of  any  matter  of 
aj^peal,  and  that,  the  order  of  this  department  dismissing  the  appeal  having 
been  issued,  no  further  action  upon  the  matters  embraced  in  that  appeal  can 
be  taken. 

It  would  be  doing  injustice  to  the  able,  ingenious  and  plausible  argument 
of  the  counsel  upon  this  point,  for  the  department  to  controvert  it  simply  in 
action,  by  granting  the  rehearing,  without  any  statement  of  the  grounds 
upon  which  its  conclusions  respecting  the  extent  of  its  rights  and  powers  are 
based. 

First,  upon  this  particular  case,  it  may  justly  be  said  that  the  decision  of  the 
department  upon  it  was  expressed  or  rendered  in  the  communication  to 
Commissioner  Boyce,  that  embodied  the  conclusions  at  which  the  department 
had  arrived  from  an  examination  of  the  evidence  adduced ;  it  is,  to  all  intents 
and  purposes,  the  decision  of  the  (piestions  at  that  time  pending,  and  it  was 
proposed,  when  certain  conditions  should  be  reached  by  the  further  acts  of  the 
Darties  themselves,  to  issue  an  order  adapted  to  the  circumstances  of  the  case 


300  Appeals. 

at  that  future  time.  On  information,  supposed  to  be  reliable,  that  tlie  condi- 
tions stated  had  been  reached,  the  order  was  issued  dismissing  the  appeal  ; 
this  being  done  for  the  sole  purpose  of  enforcing  the  decision  already  rendered. 
The  dismissal  of  the  appeal,  therefore,  was  not  the  decision  of  the  case,  as  appears 
by  its  terms,  in  which  it  especially  disclaims  to  act  upon  the  questions  raised 
in  the  controversy,  they  having  been  disposed  of  (as  was  supposed),  according 
to  the  terms  of  the  decision  rendered  by  the  department.  If  it  be  objected 
that  this  decision  Avas  not  in  form  and  under  seal,  it  is  sufficient  to  answer  that 
the  statute  does  not  prescribe  the  manner  or  form  in  which  these  decisions 
shall  be  expressed.  That  is  left  to  the  judgment  of  the  department  itself. 
The  seal,  or  other  forms  commonly  attending  the  rendering  of  a  decision,  are 
proper  as  evidences  to  third  parties  of  the  authenticity  of  the  proceedings. 
But  they  are  of  no  importance  to  the  department  itself,  wliich  is  cognizant,  at 
all  times,  of  its  own  decisions. 

An  order  of  the  department  may  be  antecedent  or  supplementary  to  a  deci- 
sion, and  hence  may  be  continued  in  force,  or  vacated  at  the  pleasure  of  the 
department.  Thus,  on  an  appeal,  by  inhabitants,  from  the  proceedings  of 
trustees  in  the  matter  of  pajing  public  moneys  to  a  teacher,  it  might  be  neces- 
sary to  issue  an  order  to  the  sujxirvisor,  directing  him  to  withhold  the  payment 
of  the  moneys  of  that  district  until  otherwise  directed.  It  will  not  be  held 
that  this  order  is  fixed  and  cannot  be  vacated.  So,  where  an  order  is  issued 
supplementary  to  a  decision,  and  with  a  view,  or  for  the  purpose,  of  enforcing 
its  conclusions,  if  the  department  shall  afterward  find  that  such  order  is  insuf- 
ficient to  accomplish  the  enforcement  of  the  decision,  or,  owing  to  any  circum- 
stances of  which  the  department  was  unaware,  is  calculated  to  thwart  the  ends 
proposed  by  the  decision  to  be  reached,  it  is  absurd  to  maintain  that  such  order 
may  not  be  modified  or  vacated,  and  such  other  order  be  issued  as  will  conform 
to  the  doctrines  of  the  decision  rendered. 

I  come  now  to  a  reAaew  of  the  power  of  the  department  to  grant  a  rehearing 
of  a  case  upon  its  merits,  after  a  decision  has  once  been  rendered. 

The  argument  of  the  counsel  was  chiefly  confined  to  two  points :  First,  that 
the  power  to  rehear  a  matter  of  appeal,  after  decision  rendered,  could  only  exist 
by  express  legislative  provision,  and,  no  such  power  having  been  conferred  by 
the  statute,  it,  of  course,  did  not  exist.  Secondly,  that  the  words  of  the  statute, 
which  declare  that  the  "  decisions  of  the  department  shall  be  final  and  conclu- 
sive," expressly  prohibited  the  exercise  of  any  such  power  as  is  asked  by  the 
appellants. 

In  the  decisions  referred  to  by  the  counsel,  I  fail  to  find  any  cases  where  the 
power  to  rehear  a  cause  upon  the  merits  has  been  denied,  that  are  at  all  analo- 
gous to  the  one  now  presented.  In  denoting  the  distinction  between  a  superior 
and  an  inferior  court — that  is,  one  competent  to  grant  a  new  trial  and  one 
incompetent — the  courts  say  :  "  We  think  that  a  superior  court  of  general  juris- 
diction must  have  full  cognizance  of  one  at  least  of  the  principal  departments  of  the 
law  throughout  the  State,  and  must  be  free,  in  its  primary  action,  from  the  con- 
trol of  any  other  tribunal." 

I  can  conceive  of  no  language  that  should  more  clearly  describe  and  desig- 
nate this  dc^partment  than  that  above  (j noted.  I  can,  therefore,  draw  no  other 
conclusion  than  that  this  department  is  a  superior  court  of  general  jurisdic- 
tion, and  hence  that  to  it  the  decisions  relative  to  the  powers  of  inferior  courts 
do  not  apply. 

But  again,  in  1  Johnson^s  Cases,  119,  which  the  counsel  cited  in  support  of  his 
position,  I  find  the  following  language  :  "  Tlie  power  of  granting  new  trials 
can  only  be  applied  in  a  manner  which  precludes  the  possibility  of  its  exercise 
being  reviewed  in  this  or  any  other  court."  These  are  just  the  circumstances, 
under  which  this  department  always  exercises  this  power.  And,  farther,  in 
the  same  decision,  the  court  .says  :  "  Indeed,  no  inferior  jurisdiction  can  possess 
this  power  without  express  autliority,"  i)Uiinly  implying  that  courts  oi  superior 
or  ge7ieral  jurisdiction  may,  in  the  very  natui-e  of  their  organization,  possess  this 
power  of  granting  new  trials. 


Collector.  301 

It  is  my  conviction,  fherefore,  that  the  power  to  grant  a  new  trial  of  any 
cause  brought  before  this  department  on  appeal  may  exist  without  special  legis- 
lative dcsignatiou,  being  involved  in  the  powers  distinctly  conferred,  and  the 
purposes  and  objects  sought  to  be  accomplished  in  the  organization  of  this  tri- 
bunal. 

I  pass  now  to  consider  the  second  point  in  the  argument  of  the  counsel  upon 
this  question  of  the  power  of  the  department  to  grant  a  new  trial,  which  is 
based  upon  the  restrictive  terms  of  the  statute  itself,  which  says  that  "  the 
decision  of  the  State  Superintendent  shall  be  final  and  conclusive." 

This  language  has  ever  been  interpreted  as  characterizing  the  exclusiveness 
of  the  jurisdiction  of  this  department  in  matters  brought  before  it  for  deter- 
mination, and  not  as  limiting  the  department  itself  to  a  single  examination  of 
any  cause  before  it.  It  was  designed  as  a  check  against  the  interference  of 
other  authorities  with  the  decisions  here  rendered,  and  not  as  defining  or  cir- 
cumscribing the  powers  of  the  department  itself. 

The  nature  of  the  trust  committed  to  this  department,  and  the  form  of  pro- 
cedtire  necessary  for  the  proper  exercise  of  its  powers,  preclude  the  presump- 
tion that  the  Legislature  ever  intended  that  the  terms  "final  and  conclusive" 
should  bear  the  construction  put  upon  them  by  the  counsel  in  this  case. 

The  indication  of  the  exercise  of.  this  power  by  this  department  to  grant  new 
trials  is  made  not  essentially  to  meet  the  present  case,  but  to  meet  and  put  at 
rest,  so  far  as  it  can  be  done  here,  the  general  issue  so  strongly  raised  ;  and  I 
must  and  sliall  assume  that  the  practice  of  this  department,  in  granting  new 
trials  for  causes  satisfactory  to  itself,  is  a  legitimate  and  necessary  exercise  of 
powers  with  which,  in  the  nature  of  its  organization,  it  is  invested.  Per  H.  H. 
Van  Dyck,  Superintendent,  April  18,  1859. 


COLLECTOR. 

The  law  has  not  specified  any  time  within  which  a  warrant  for  the  collection  of  a  tax  shall 
be  delivered  to  the  collector. 

Where  a  tax  was  voted  in  June,  1841,  and  the  tax  list  was  made  out  within 
the  time  and  in  the  mode  required  by  law,  but  the  warrant  for  collection  was 
not  issued  till  January  31st,  the  delay  was  held  not  to  aifect  its  legality  or 
validity.     Per  Young,  March  21,  1843. 

A  school  district  collector's  bond  requires  an  internal  revenue  stamp  of  one 
dollar.  The  collector  must  file  this  bond  and  pay  the  necessary  expense  of 
procuring  the  bond  and  stamp.  Per  V.  M.  Rice,  Superintendent,  December, 
6,  1865.  {Letters,  vol.  4,  p.  638.) 

Jurisdiction  of  collector. 

The  jurisdiction  of  a  collector  in  collecting  any  tax  list  delivered  to  him 
extends  to  any  part  of  the  county  in  which  his  district  is  situated.  {See  sec.  85, 
tille  7,  chap.  555,  Laws  of  1864.) 

Collector  must  execute  to  trustees  a  bond  before  he  can  legally  enforce  the  collection  of  any 
tax  list  placed  in  his  hands.  lie  need  not  give  notice  to  the  inhabitants  that  he  has 
received  the  warrant  from  the  trustees. 

The  law  makes  it  the  duty  of  the  collector  to  execute  to  the  trustees  a  bond 
before  recei\ing  the  first  warrant  for  the  collection  of  money.  Until  he  has 
done  this,  he  cannot  legally  enforce  the  collection  of  any  tax  placed  in  his 
hands,  and  would  render  himself  liable  as  a  trespasser  if  he  ttndertook  to 
enforce  a  collection  by  levy  and  sale.  The  collector  is  not  bound  to  give 
notice  to  the  inhabitants  that  he  has  received  the  warrant  from  the  trustees. 
Per  V.  M.  Rice,  Superintendent  of  Public  Instruction,  November  13,  1865. 
{Letters,  vol.  4,  p.  503.) 


802  Collector. 

If  a  person  who  is  inclifrible  to  the  office  lias  been  appointed  collector,  and 
the  tax  payers  refuse  to  pay  him,  he  cannot,  without  rendering  himself  a  tres- 
passer, proceed  to  collect  of  such  tax  payers  by  levy  and  sale.  A  district  col- 
lector cannot  perform  his  official  duties  by  deputy.  Per  S.  D.  Barr,  Deputy 
Superintendent,  October  17,  1865.  {Letters,  vol.,  4,  p.  356.) 

The  collector  by  law  has  no  right  to  pay  over  moneys  except  upon  the  order 
of  trustees.  He  is,  in  fact,  the  treasurer  of  the  district.  Per  S.  D.  Barr, 
Deputy  Superintendent,  September  5,  1865.  {Ldltrs,  vol.  4,  |?.  232.) 

Collector  vacates  his  office  whenever,  by  leaving  the  district,  he  cannot  perform  collector's 

duties. 

The  collector  vacates  his  office  whenever,  by  leaving  the  district,  he  is  unable 
to  discharge  the  duties  of  collector.  You  may,  under  the  circumstances,  regard 
the  ofhce  as  vacant,  and  ai)point  another ;  it  is  not  necessary  to  create  vacancy 
that  the  absence  should  be  permanent. 

If  it  obstructs  the  business  of  the  office,  it  is  enough.  Per  E.  W.  Keyes, 
Deputy  Superintendent,  June  26,  1865.  {Letters,  vol.  4,  p.  135.) 

The  collector  is  not  required  by  law  to  give  any  notice  whatever  that  he  has 
a  tax  list ;  hence,  he  is  entitled  to  five  per  cent  after  he  has  had  the  warrant 
two  weeks,  though  no  notice  has  been  given.  Per  E.  W.  Keyes,  Deputy  Super- 
intendent, December  1,  1864.  {Letters,  vol.  3,  p.  496.)  , 

.  The  statute  prescribes  no  limit  within  which  the  second  renewal  must  be 
made.  Hence,  thougli  three  months  have  elapsed  since  the  first  renewal,  the 
warrant  is  still  renewable  with  the  consent  of  the  supervisor.  Per  E.  W.  Keyea. 
June  1,  1864.  {Letters,  vol.  3,  p.  207.) 

Collector  responsible  for  losses  thronsh  neglect. 

A  collector  is  responsible  for  all  losses  to  the  district  occasioned  by  his  neglect 
of  duty,  and  may  be  prosecuted  for  the  same  at  any  time  within  six  years.  Per 
V.  M.  Rice,  Superintendent,  June  15,  1854.  {Letters,  vol.  1,  p.  172.) 

Trustees  not  bound  to  indemnify  collector. 

The  trustees  are  not  bound  to  indemnify  the  collector  on  a  levy  and  sale  of 
property  on  a  tax  list.  If  tlicy  do  so,  however,  and  the  collector  is  sued,  they 
are  responsible  for  the  costs,  and  must  present  their  account  to  the  board  of 
supervisors  (county  judge)  in  the  mode  prescribed  by  law. 

VVliere  money  is  advanced  liy  trustees  to  a  teacli(>r  for  his  wages,  the  amount 
60  advanced  may  be  collected  in  the  usual  form,  and  paid  over  to  the  trustees 
so  advancing,  on  the  order  or  receipt  of  the  teacher. 

If,  after  due  diligimce  on  the  part  of  the  collector,  a  deficiency  exists  in  the 
collection  of  a  tax  list,  the  trustees  may  advance  the  amount  of  such  deficiency, 
and  the  district  will  be  bound  to  ])rovide  for  the  same  by-tax,  in  the  same 
manner  as  though  no  such  tax  had  been  made.  Per  V.  M.  Hice,  Superin- 
tendent, May  11,  1854.  {Letters,  vol  1,  p.  86.) 

Tlie  refusal  of  a  district  collector  to  serve  vacates  his  office. 

In  case  of  a  refusal  to  serve,  on  the  part  of  the  collector,  a  vacancy  is  created 
in  the  office  by  tliat  act,  whicli  may  Ix;  filled  by  appointment  by  the  trustees. 
Per  V.  M.  Rice,  Superintendent,  April  10,  1854.  {Letters,  vol.  1,  p.  3.) 

Where  a  collector  cannot  perform  his  duties  from  sickness  or  otherwise,  trustees  must 

appoint. 

When  a  district  collector  is  unable  from  illness  or  other  cause  to  perform  his 
duties,  the  trustees  must  appoint  another  in  liis  place,  who  will  be  entitled  to 
liold  tlu!  office  for  tlie  remainder  of  the  school  year.  Per  S.  S.  Randall,  Deputy 
SuiKsriutendcnt,  April  10,  1854.  {Letters,  vol.  1,  j).  34.) 


School  Commissioners  —  Clerk  of  District.  303 

Under  no  circumstances  is  a  collector  authorized  to  soil  real  estate.  If  he 
cannot  levy  on  enough  personal  property  at  one  time  to  satisfy  the  warrant 
which  he  holds,  lie  can  keep  on  levying  till  he  does  obtain  property  enough  to 
pay  the  tax.  Per  V.  M.  Rice,  Superintendent,  April  23,  1800.  {Letters,  vol.  5,  p. 
329.) 

Collectors  the  proper  custoclians  of  district  moneys,  and  they  need  not  pay  them  over  to 
trustees.  They  should  pay  only  on  the  written  order  of  one  trustee,  or  a  majority  of  the 
trustees,  which  order  should  state  the  purpose  for  whicli  the  money  is  to  be  paid. 

Collectors  are  now  the  proper  custodians  of  all  the  district  moneys  collected 
by  tax,  and  it  is  not  their  duty  to  pay  over  such  moneys  to  the  trustee.  They 
are  to  pay  it  out  only  on  the  written  order  of  the  trustee,  or  of  a  majority  of 
the  trustees,  which  order  must  specify  for  what  purpose  the  money  is  to  be 
paid.  Per  V.  M.  Rice,  Superintendent  of  Public  Instruction,  April  12,  1866. 
(Letters,  vol.  5,  2>-  202.) 

Trustees  must  require  a  bond  of  collector  for  the  faithful  discharge  of  his  duties,  etc., 
before  collector  receives  first  warrant  for  collection  of  district  tax.  If  they  neglect  such 
requirement,  said  trustees  are  liable  to  district  for  any  loss  or  damage  resulting  from  their 
neglect. 

The  law  makes  it  the  duty  of  the  trustees  to  require  the  collector,  before 
receiving  the  first  warrant  for  the  collection  of  a  district  tax,  to  give  bonds  for 
the  faithful  discharge  of  his  duties,  and  accounting  for  the. moneys  received  by 
nim  by  virtue  of  such  warrant.  A  failure  to  comply  with  this  direct  require- 
ment of  the  law  on  the  part  of  the  trustees,  would,  in  my  opinion,  constitute 
Buch  a  case  of  non-feasance  as  would  render  the  trustees  liable  to  the  district 
for  any  loss  or  damage  resulting  from  their  neglect.  Per  V.  M.  Rice,  Superin- 
tendent of  Public  Instruction,  December  28,  1865.  {Letters,  vol.  5,  p.  13.) 


SCHOOL  COMMISSIONERS  — CLERK  OF  DISTRICT. 

There  is  no  law  requiring  a  school  commissioner  to  be  a  resident  of  the 
district  which  elects  him.  Per  V.  M.  Rice,  Superintendent,  October  19,  18C6. 
{Letters,  vol.  5,  2^.  647.) 

Commissioners  cannot  declare  void  proceedincrs  of  their  predecessors,  though  they  may 
annul  or  rescind  them. 

The  town  superintendents  of  the  towns  of  Seneca,  Gorham  and  Benton, 
declared  illegal  the  proceedings  of  a  previous  board,  forming  district  number 
thirteen,  from  parts  of  the  said  three  towns,  for  an  alleged  want  of  authority. 
The  district,  if  legally  organized,  might  have  been  annulled,  but  they  had  not 
power  to  declare  void  the  proceedings  of  their  predecessors.  The  law  confers 
no  such  power  upon  them.  The  question  of  illegality  must  be  referred  to  the 
Superintendent  of  Public  Instruction,  or  determined  by  some  other  competent 
tribunal.     Per  Dix,  August  19,  1837. 

Superintendent  must  have  evidence  of  the  appointment  of  a  school  commissioner  before 
he  can  receive  his  salary. 

Before  the  Superintendent  can  certify  to  the  State  Treasurer  that  A.  is  a 
school  commissioner,  he  must  have  some  evidence  of  his  appointment.  Ho 
should  have  the  order  of  the  county  judge  appointing  him  filed  in  the  olfice  of 
the  county  clerk  of  the  county,  and  a  certificate  of  that  fact  forwarded  by  the 
county  clerk  to  the  Secretary  of  State  and  the  Superintendent  of  Public 
Instruction.  Per  V.  M.  Rice,  Superintendent  of  Public  Instruction,  March  29, 
1866.  {Letters,  vol.  5,  p.  250.) 


304  COLOEED    CniLDEEisr. 

Only  two  cases  in  wliich  a  district  clerk  can  lawfully  call  a  special  meeting  except  on  order 
of  trustees :  First,  where  time  for  annual  meeting  has  passed  without  any  such  meeting 
being  held  ;  and,  second,  where  all  the  trustees  haVe  vacated  their  office. 

There  are  only  two  cases  in  wliicli  a  district  clerk  is  authorized  by  law  to 
call  a  special  meeting  except  on  the  order  of  the  trustees :  First,  where  the 
time  for  holding  the  annual  meeting  has  passed  without  any  such  meeting 
having  been  held  ;  and,  secondly,  where  all  the  trustees  have  vacated  their 
office.  In  these  two  cases  the  district  clerk  is  authorized  to  call  special  meet- 
ings, and  in  no  others. 

Where  neither  of  these  contingencies  arise  in  a  district,  the  clerk  has  no 
more  legal  authority  for  calling  a  special  meeting,  except  by  order  of  the  trus- 
tees, than  any  other  inhabitant  of  the  district.  Per  V.  M.  Rice,  Superintendent 
of  Public  Instruction,  November  20,  1865.  {Letters,  vol.  A,  p.  535.) 

The  clerk  should  keep  a  record  of  every  thing  that  is  done  by  a  meeting,  and 
his  minutes  should  show  what  resolutions  were  rejected,  as  well  as  those  that 
were  carried.  Per  S.  D.  Barr,  Deputy  Superintendent,  June  22,  1806.  {Letters, 
vol.  5,  p.  476.) 

Duty  of  clerk  to  notify  every  person  of  his  election,  even  though  he  were  present.  Col- 
lector must  give  a  bond,  liowever  responsible  he  may  be.  He  cannot  enforce  collection 
■without  a  bond. 

It  is  the  duty  of  the  clerk  to  notify  every  person  of  his  election,  no  matter  if 
he  were  present. 

The  collector  must  give  a  land,  no  matter  how  responsible  he  is.  He  cannot 
enforce  collection  without  a  bond. 

The  trustee  has  no  right  to  receive  money  on  a  tax  list,  and,  if  he  does  so, 
the  collector  is  entitled  to  his  fees  upon  it  the  same  as  if  collected  by  himself. 
Per  E.  W.  Keyes,  Deputy  Superintendent,  etc.,  May  11.  18G5.  {Letters,  vol.  4, 
p.  76.) 


COLORED  CHILDREN". 

Colored  children  are  entitled  to  attend  the  common  schools  in  this  State,  in  all  districts, 
except  those  in  which,  by  law,  provision  is  made  for  their  education  in  separate 
schools. 

The  petition  of  appeal  in  this  case  states,  as  the  ground  of  appeal,  that  the 
trustees  came  to  the  school-house  and  ordered  a  certain  colored  lad  commonly 
called  "  Dick,"  to  leave  the  school.  The  petition  alleges  that  said  "  Dick  " 
was,  at  the  time,  over  five  and  under  twenty-one  years  of  age,  and  was  of  the 
age  of  fourteen  or  fifteen  years ;  and  that  he  was  an  actual  resident  of  the  dis- 
trict, and  has  for  the  last  two  years  been  included,  by  the  trustees  of  the 
district,  in  the  enumeration  of  the  children  made  in  their  annual  report  to 
the  school  commissioner.  These  facts  would  give  him  the  right  to  attend  the 
district  school,  while  the  trustees  would  also  have  the  right  to  expel  him  from 
the  school  for  any  good  cause  shown.  The  appellant  alleges  that  "  the  trustees 
gave  'Dick'  no  reason  for  his  expulsion,  except  that,  if  he  continued  to  go  to 
school,  the  school  would  be  broken  u]\"  and  he  also  alleges  that  after  the 
dismissal  of  "Dick"  from  school,  the  teacher  said  to  apjiellant  that  "Dick" 
had  Ijcen  an  orderly  scholar,  and  had  not  disobeyed  the  rules  or  orders  of  th& 
Bchool. 

The  only  allegations  in  the  answer  which  may  be  considered  as  contradicting 
these,  are,  in  the  language  f)f  tlie  resyjondent,  as  follows,  viz. :  "  On  tlie  morning 
of  the  1st  day  of  December,  1865,  the  teacher  dismissed  school  on  account  of 
disturl)ance  caused,  as  the  teacher  declared,  and  as  the  trustees  V(!rily  believe, 
on  account  of  said  colored  boy  being  in  school ;  and  on  the  4th  diiy  of  Decem 
her,  18G5,  the  teacher  commenced  school  again,  and  the  trustees  djd  then  and 


COLOREB    CniLDEEN.  306 

there  dismiss  the  said  colored  boy  from  school,  and  at  tho  time  did  assi<>n  to 
him  the  reason  why  they  so  dismissed  liim ;  and  tliat,  on  tlie  11th  day  of 
December,  1865,  the  said  colored  boy  went  to  school,  and  on  the  same  day  the 
above  named  John  Skatts  and  William  R.  Parker,  went  to  the  school-house 
and  dismissed  the  said  colored  boy  ap^ain  for  the  same  reason,  and  told  him 
that  he  could  not  come  to  school  until  the  weather  was  settled  ;  that  they  dis- 
missed him  because  he  was  offensive  and  a  laughing  stock  for  the  scholars, 
both  in  and  out  of  school ;  and  that  his  presence  there  did  annoy  and  disturb 
the  school  to  such  an  extent  that  the  teacher  could  not  preserve  or  keep  order." 

These  are  all  the  facts  of  any  consequence  alleged  in  the  case. 

It  is,  therefore,  admitted  by  the  respondents,  that  "  Dick "  was  primarily 
entitled  to  attend  the  school,  being  a  resident  and  of  school  age  ;  and  that  he 
was  expelled  because  "  his  presence  did  annoy  and  disturb  tlie  school  to  such 
an  extent  that  the  teacher  could  not  preserve  or  keep  order."  1  know  no  law 
of  this  State,  or  decision,  excluding  a  pupil  from  a  public  school  merely 
because  his  presence  annoys  and  disturbs  the  school.  If  he  had  the  small-pox, 
or  some  other  dangerous  and  contagious  disease,  the  presence  of  such  disease 
■would  be  dangerous  to  the  school,  and  the  disease  might  legally  be  removed 
by  removing  the  pupil.  But  no  such  complaint  is  made  of  "  Dick,"  and  the 
presumption  is  that  he  is  a  strong,  healthy,  intelligent  boy. 

But  the  respondents  allege  that  he  "  was  offensive  and  a  laughing  stock  for 
the  scholars."  It  is  not  alleged  that  he  actively  engaged  in  any  offensive 
operations  at  school,  to  the  injury  of  the  scholars.  Therefore,  the  cause  of  his 
offense,  if  there  was  any  cause,  must  have  been  that  he  was  "  colored,"  or  in 
Bome  other  respect,  was  not  by  his  Creator  so  made  as  to  be  adapted  to  the 
tastes  of  his  school-fellows,  or  that  his  tailor  was  at  fault.  The  offense  was 
committed  by  those  who  made  sport  of  him.  They  ought  to  have  been  taught 
better  manners.  The  mere  fact  that  "  Dick  "  was  "  a  laughing  stock  for  the 
scholars"  is  not  a  just  ground  of  punishment  or  censure  to  be  visited  upon 
him,  but  may  be  tho  result  of  the  highest  virtues,  the  noblest  purposes,  and 
the  most  commendable  action  in  him. 

In  the  absence  of  e\idence  to  the  contrary,  such  is  presumed  to  have  been 
the  case,  in  view  of  the  allegations  of  the  appellant,  "  that,  when  the  colored 
lad  returned  to  school  on  the  11th  day  of  December,  other  boys  in  school  hours 
annoyed  him  with  opprobrious  looks  and  actions."  There  is  no  allegation  in 
the  answer,  that  "  Dick  "  has  ever,  on  any  occasion,  in  school  or  out  of  school, 
acted  in  a  manner  unbecoming  a  high-minded,  earnest  boy.  For  such  boys  this 
great  State  has,  by  the  labors  and  the  money  of  a  willing  people,  organized 
and  sustained  a  beneficent  common  school  system,  and  has  designed  thus  to 
extend  a  protecting  and  guiding  hand  to  them,  and  by  these  means  to  bless 
and  exalt  all  her  children. 

The  trustees  of  said  school  district  number  twenty-one  and  eleven,  in  the 
towns  of  Darien  and  Alexander ,  in  the  county  of  Genesee,  are,  therefore, 
hereby  ordered  forthwith  to  admit  said  colored  lad  "  Dick  "  to  all  the  pri^legea 
of  said  district  school.     Per  V.  M.  Rice,  December  21,  1865.        , 

Colored  children  cannot  be  excluded  fmra  the  common  schools  unless  a  separate  school 
for  their  educatiou  has  been  orgauized  by  the  district. 

The  law  provides  that  the  "  common  schools  in  the  several  school  districts 
in  this  State  shall  be  free  to  all  parsons  over  five  and  under  twenty-one  years 
of  age  residing  in  the  district." 

The  only  restrictions  to  this  provision  are  in  the  case  of  Indian  children 
residing  in  the  district,  who  are  admissible  only  by  authority  of  the  Superin- 
tendent, and  in  such  cities  and  union  free  school  districts  as  have  made  pro- 
vision for  the  maintenance  and  supjwrt  of  separate  schools  for  colored  children. 

It  would  manifestly  be  a  great  injustice  to  exclude  from  the  common  schools 
a  class  of  children  merely  on  account  of  their  color,  without  having  made  ade- 
quate provision  for  their  education  elsewhere.  Per  V.  M.  Rice,  Superintendent 
of  Public  Instruction,  December  7,  I860.  {Letters,  vol.  4,  p.  647.) 

39 


306  Election  of  Officers. 

Negro  children  should  be  admitted  to  district  schools,  where  no  separate  school  for  them 
has  been  established  by  district. 

Negro  children  are  entitled  to  all  the  advantages  of  education  provided  by 
the  State  the  same  as  white  children.  Cities  and  union  free  school  districts, 
incorporated  by  special  act  of  the  Legislature,  have  it  in  their  power  to  establish 
separate  schools  for  colored  children ;  but,  in  all  other  districts,  and  in  those 
mentioned  where  no  separate  school  has  been  established,  colored  children 
should  be  admitted  to  the  district  school.  Per  V.  M.  Rice,  Superintendent, 
November  23,  1865.  {Letters,  vol.  4,  p.  553.) 

Trustees  have  no  right  nor  authority  by  law  to  exclude  colored  children  from  district 
school,  except  they  maintain  a  "  school  for  colored  children." 

The  trustees  have  no  right  or  power  under  authority  of  any  law,  even  though 
they  have  been  so  instructed  by  a  district  school  meeting,  to  exclude  colored 
children  from  the  district  school,  unless  they  maintain  a  "  school  for  colored 
children."  Per  S.  D.  Barr,  Deputy  Superintendent,  September  27,  1865.  {Let- 
ters, vol.  4,  p.  281.) 


ELECTIO]^  OF  OFFICERS. 

An  adjourned  meeting  cannot  rescind  an  election  of  district  officers.  Per 
Dix,  November  18,  1837. 

Nor  can  an  officer,  once  elected,  be  displaced  by  vote  of  district.  Per  Dix, 
November  9,  1838. 

Any  district  meeting  may  elect  an  officer  to  fill  an  existing  vacancy,  although  thirty  days 
may  have  elapsed  since  its  occurrence. 

The  appeal  was  served  June  11,  1856,  upon  R.  S.  Scott,  town  superintendent, 
and  no  answer  has  been  made.  It  appears  that  Alexander  Fenton,  a  trustee 
in  joint  district  No.  9,  in  Middletown  and  Shandaken,  removed  therefrom 
about  the  first  of  April,  1856.  On  the  twenty-eighth  day  of  May,  1856,  a 
special  meeting  was  held,  at  which  William  Jones  was  chosen  to  fill  the 
vacancy.  The  town  superintendent,  with  a  full  knowledge  of  such  election, 
appointed  John  Newton  to  fill  tlie  vacancy  caused  by  the  removal  of  Fenton. 

The  inhabitants,  when  lawfully  assembled  at  any  district  meeting,  may 
choose  district  officers  to  fill  vacancies.  {Sec.  62,  cliap.  480.  Laus  o/1847) 

By  section  77,  it  is  pro\ided  that  in  case  a  vacancy  shall  not  be  supplied  by 
a  district  meeting  within  one  month  thereafter,  the  superintendent  of  the 
town  may  appoint  any  person  residing  in  such  district  to  supply  such  vacancy. 
This  provision  does  not,  however,  in  any  way  alfect  the  right  of  the  district  to 
supply  such  vacancy  by  election,  at  any  period  i)rior  to  an  appointment  made 
by  the  town  superintendent. 

In  this  case,  Mr.  William  Jones  having  been  elected  at  a  special  meeting  of 
the  inhabitants  of  the  district,  previous  to  the  appointment  of  Mr.  Newton,  the 
action  must  be  considered  legal. 

The  order  of  tlie  town  superintendent  of  district  No.  9,  Middletown  and 
Shandaken,  is  therefore  void.     Per  V.  M.  Rice,  July  31,  1856. 

School  district  officers  cannot  be  elected  by  a  plurality  vote.    The  statute  requires  a 

viajority  to  elect. 

The  statute  does  not  authorize  an  election  by  a  plurality  vote,  but  expressly 
names  a  majority  as  essential.  Tliis  removes  it  from  the  power  of  the  district 
even  to  make  valid  an  election  by  a  plurality.  Per  H.  II.  Van  Dyck,  Super- 
intendent, December  2,  1858. 


Electiox  of  Officers.  307 

Evidence  of  a  mere  possibUity  of  an  election  having  been  carried  by  illegal  votes  will  not 
vitiate  the  election. 

On  an  appeal  from  an  election  for  a  member  of  board  of  education,  it  appears 
that  585  votes  were  cast  at  said  election,  of  which  J.  S.  received  the  greater 
number,  and  was  declared  duly  elected.  The  appellant  alle<Tes  that  of  the 
votes  cast,  133  were  illegal,  thus  reducing  the  whole  number  to  452,  of  wliich 
he  produces  affidavits  to  show  that  he  received  253,  and  is  therefore  entitled  to 
the  otBce. 

Of  the  133  votes  claimed  to  be  illegal,  it  is  claimed  that  ten  had  not  the  reqiu- 
site  property  qualification  ;  seven  appear  upon  the  poll  books  as  having  voted 
twice  ;  one  voted  as  proxy  for  another  voter,  and  eleven  were  aliens,  and  not 
entitled  to  hold  lands  in  tlus  State.  The  remainder,  104,  it  is  alleged,  were 
non-residents  of  the  district  at  the  time  of  the  election. 

Counter  affidavits  are  introduced  that  prove  the  allegations  concerning  the 
property  qualifications,  the  duplicate  voters  and  the  aliens,  to  be,  in  some 
instances,  erroneous.  This  tends,  of  course,  greatly  to  cast  discredit  upon  the 
affidavits  not  controverted,  where  those  affida\it3  are  general  and  indefinitely 
stated  on  knowledge  or  belief 

But  the  burden  of  testimony  is  that  relating  to  the  104  voters  claimed  as 
non-residents.  The  nature  of  the  evidence  to  prove  the  non-residence  of  these 
voters  is  far  from  being  satisfactory.  An  old  resident  and  late  collector  of  the 
district  makes  out  a  list  of  all  those  in  said  district  whom  he  regards  as  voters. 
From  this  list  the  104  persons  referred  to  are  excluded  as  not  known  to  the 
deponent  as  residents  of  the  district.  Two  others  swear,  on  infonnatiou  and 
belief,  to  the  accuracy  of  said  list,  as  embracing  all  the  legal  voters  in  said 
district. 

This  testimony  certainly  casts  a  suspicion  upon  the  validity  of  the  votes  cast 
by  those  persons  ;  but  it  is  only  a  suspicion  after  all ;  it  is  not  conclusive.  The 
appellant  has  only  proved  the  possihility  that  the  election  was  carried  by  illegal 
votes. 

I  cannot  but  regard  the  evidence  as  to  the  illegality  of  these  votes  as  incon- 
clusive, and  the  result  of  the  election,  as  declared  by  the  inspectors,  is  not 
thereby  impaired. 

The  appeal  is  therefore  dismissed.  Per  H.  H.  Van  Dvck,  Superintendent, 
December  3,  1860. 

Legality  of  proceedings  in  certain  elections  for  trustees  considered  and  decided. 

At  the  annual  meeting  in  1859  it  was  resolved  to  elect  three  trustees  for  the 
district.  The  meeting  proceeded  to  elect  R.  H.  as  trustee,  but  without  desig- 
nating his  term.  Before  proceeding  to  elect  the  other  trustees,  the  meeting 
adjourned. 

The  said  R.  H.,  acting  under  color  of  an  election  as  trustee,  ordered  a  special 
meeting  for  the  purpose  of  filling  vacancies  in  tlie  district.  The  meeting  was 
held  and  proceeded  to  vote  for  a  trustee  for  three  years,  and  a  ballot  was  had, 
in  which  J.  K.  received  a  majority  of  the  votes.  Before  proceeding  to  the  elec- 
tion of  other  officers,  the  meeting  again  adjourned.  Another  special  meeting 
was  called  to  fill  the  vacancy  still  existing,  at  which  G.  H.  was  elected  for  one 
year,  T.  R.  for  two  years  and  the  said  R.  H.for  three  years. 

The  proceeding  of  the  first  special  meeting  to  vote  for  a  trustee  for  three 
years  I  must  regard  as  a  substantial  compliance  with  the  statute,  and  tlierefore 
declare  the  election  of  J.  K.  as  trustee  for  three  years  to  be  legal  and  valid. 

The  election  of  R.  II.  for  three  years  at  the  second  special  meeting  was  void 
under  the  decision  already  given,  there  being,  at  the  time,  no  such  vacancy. 
His  election  at  the  annual  meeting  I  hold  void  for  uncertainty,  the  time  for 
which  he  was  elected  not  being  specified. 

The  election  of  (i.  H.  for  one  year,  and  T.  R.  for  two  years,  at  the  second 
special  meeting,  was  valid.  Per  11.  11.  Van  Dvck,  Superintendent,  February 
9,  1860. 


308  FoEiiATiox  AXD  Altekatioiq'  or  Districts. 

Conditions  and  tenure  of  office  of  trustees  elected  at  meetings  not  called  or  held  according 
to  law,  commented  upon. 

By  an  act  of  the  Legrislature,  the  first  Tuesday  in  May  was  designated  as  the 
day  for  holding  the  annual  meeting  of  the  school  district,  and  the  meetings 
were  held  on  this  day  for  about  thirty  years.  In  1851,  a  resolution  was  passed 
at  the  annual  meeting,  changing  the  time  of  holding  the  annual  meeting  of 
the  trustees  and  inhabitants  of  such  school  district,  from  the  first  Tuesday  in 
May  to  the  first  Tuesday  in  September  of  each  year. 

This  action  of  the  district  I  must  regard  as  wholly  unauthorized  and  void,  it 
not  being  among  the  powers  conferred  upon  the  inhabitants  of  that  district, 
but  expressly  taken  from  them  by  the  provisions  of  their  charter,  which 
designated  the  first  Tuesday  in  May  as  the  time  for  holding  such  annual  meet- 
ing. It  follows,  therefore,  that  no  legal  annual  meeting  has  been  held  in  that 
district  since  the  time  of  holding  the  meeting  was  changed  to  the  first  Tuesday 
in  September,  by  vote  of  tlie  inhabitants. 

The  important  question  hereupon  arises :  Does  this  informality  render  all  the 
proceedings  in  the  said  district  void '?  To  reply  affirmatively  would  be  to  utter 
a  most  disastrous  and  sweeping  decree,  nullifying  nearly  all  that  has  been 
done  in  the  way  of  raising  and  applying  money  far  school  purposes  since  1851. 
The  district  might  thus  be  shown  to  be  destitute  of  a  site,  or  of  a  house,  and 
that  all  that  had  been  done  in  the  assessment  and  collection  of  taxes  for  school 
puiposes,  had  been  done  in  derogation  of  the  rights  of  the  inhabitants — 
having  been  done  without  authority  and  against  law.  But,  aside  from  the 
consequences  of  such  a  decision,  there  is  nothing  in  the  nature  of  things,  nor 
in  the  just  rules  applicable  to  such  cases,  to  lead  to  such  a  conclusion. 

The  meetings  held  on  the  first  Tuesday  of  September  in  each  year  were 
informal,  being,  in  point  of  fact,  specidl  meetings,  held  under  insufficient  notice. 
The  special  meetings  called  by  the  trustees  of  the  district  were  legal,  and  any 
business  transacted  at  them  must  be  considered  valid.  The  informality  attend- 
ing the  so-called  annual  meetings  would  have  this  effect,  that  the  proceedings 
would  all  be  voidable ;  that  they  might  be  set  aside  on  appeal,  or  a  subsequent 
annual  meeting  held  in  May,  agreeably  to  the  statvite,  might  disregard  them 
in  so  far  as  they  assumed  the  prerogatives  belonging  to  itself.  But  until 
such  action  has  been  held,  whereby  the  powers  of  those  meetings  have  been 
brought  into  question,  and  their  proceedings  superseded  by  competent  and 
legal  authority,  their  action  must  be  approved. 

The  elfect  of  the  informality  practiced  in  this  district,  upon  the  tenure  of 
those  now  holding  office  by  virtue  of  an  election  at  any  of  the  annual  or 
special  meetings  I  am  now  considering,  appears  to  be  this :  That  those  elected 
at  any  such  alleged  annual  meeting  are  liable  to  be  displaced  and  superseded 
at  any  subsequent  regular  and  legal  annual  or  special  meeting,  while  those 
elected  at  any  special  meeting,  for  terms  clearly  defined,  and  for  vacancies 
which  the  district  were  competent  to  fill  at  the  time,  could  not  be  superseded  at 
any  subsequent  meeting  previous  to  the  expiration  of  the  term  for  which  they 
were  elected.    Per  H.  H.  Van  Dyck,  Superintendent,  December  31,  1858. 


FORMATION  AND  ALTERATION  OF  DISTRICTS. 

A  conditional  consent  to  the  alteration  of  a  district  cannot  be  given.  The 
trustees  must  eltlier  give  or  withhold  their  consent.  They  can  annex  no  con- 
ditions.    Per  Spencer,  April  13,  IS-il. 

The  department  of  Public  Instruction,  in  the  formation  and  alteration  of 
school  districts,  acts  upon  one  uniform  rule,  never  (except  in  certain  special 
cases  and  for  the  most  urgent  reasons)  to  permit  new  districts  to  be  formed 
with  a  less  number  of  children  between  the  ages  of  five  and  sixteen  years 
than  from  tliirty-five  to  forty,  and  never  to  countenance  or  sanction  cliauges  or 


Formation  axd  Alteratiox  of  Districts.  309 

alterations  of  districts  ■which  shall  reduce  the  nvimber  of  school  children  in  a 
district  below  what  has  been  found,  from  practical  experience,  would  afford  an 
average  attendance  sufficient  to  give  full  employment  to  a  competent  teacher. 
Per  N'.  S.  Benton,  June  HO,  1847. 

The  establishment  of  a  district  by  a  decision  upon  appeal  to  the  aepartment 
is  final  and  conclusive;  and  the  district  is  not  subject  to  alteration  by  the 
local  authorities  while  the  circumstances  remain  uuchauored.  But  it  is  absurd 
to  contend  that,  when  the  circumstances  under  which  a  decision  is  pronounced 
have  materially  changed,  and  after  the  districts,  or  either  of  them,  have 
increased  or  diminished  in  territory,  number  or  valuation,  the  local  authorities 
are  precluded  from  interference,  by  the  conclusive  operation  of  a  decision 
founded  on  an  entirely  different  state  of  facts.  Such  a  doctrine  would  be 
entirely  inconsistent  with  reason  and  good  sense.  Per  Spencer,  September  24, 
1840. 

The  dissohition  or  annulling  of  a  district  is  not  an  alteration. 

When  an  alteration  is  made,  the  presumption  arises  that  something  of  the 
original  remains.     Its  total  destruction  precludes  such  a  presumption. 

Under  the  Constitution  of  1823,  the  Legislature  could  not  pass  any  law 
creating,  continuing,  ulkring  or  renewing  any  body  politic  or  corporate  without 
a  vote  of  two-thirds  in  its  favor. 

The  Legislature  repeatedly  passed  laws  repealing  charters,  on  the  ground 
that  a  repeal  was  not  an  alteration,  and  that  such  repeal  did  not  come  within 
the  spirit  of  the  provision,  any  more  than  it  did  within  its  ktter.  Per  Spencer, 
JiUy  26,  1839. 

A  Bupervisor  and  town  clevk  cannot  act  in  the  formation  or  alteration  of  a  school  district 
without  the  presence  of  the  town  superintendent  (.school  commissioner). 

The  appellants  in  tliis  case  seek  to  set  aside  an  order  made  at  a  meeting  of 
the  town  superintendent  of  Jefferson,  and  the  supervisors  and  town  clerks 
of  Blenheim  and  Jefferson,  on  the  30th  day  of  April  last,  forming  a  new  dis- 
trict, to  be  composed  of  parts  of  districts  No.  6,  Jefferson,  and  No.  3,  Blenheim. 

From  an  examination  of  the  papers,  I  am  of  the  opinion  there  is  a  fatal 
objection  to  this  order. 

It  appears  that  the  town  superintendent  of  Blenheim  was  not  present  at  the 
meeting  of  the  board,  and  did  not  participate  in  making  the  order.  The  super- 
visor and  town  clerk  of  that  town  were  members  of  the  board,  but  they  had 
no  authority  to  act  without  the  presence  of  the  town  superintendent.  The 
statute  authorizes  them  to  be  associated  with  him  in  forming  or  altering  school 
districts.  In  no  case,  however,  does  it  authorize  them  to  act  without  him. 
The  board,  therefore,  had  no  power  to  alter  any  district  located  in  that  town. 

The  order,  therefore,  is  hereby  set  aside.     Per  H.  S.  Randall,  August  18, 1853. 

A  school  district  cannot  be  formed  out  of  the  central  portion  of  another  district,  leaving 
the  territory  of  the  latter  disconnected. 

This  is  an  appeal  from  the  order  of  the  town  superintendent  of  Fremont, 
Sullivan  county,  creating  a  new  district  (No.  6)  from  territory  now  known  as 
district  No.  5  of  said  town. 

The  appellants  raise  tl\e  following  point : 

Said  order  of  the  town  superintendent  erects  a  new  district  (No.  G)  in  the 
central  portion  of  district  No.  5,  thus  disjoining  the  parts  of  said  district  No.  5. 

The  question  to  be  considered  is :  Can  a  district  be  formed  out  of  the  central 
portion  of  another  district,  leaving  the  former  disjointed?  The  answer  is 
clearly  in  the  negative,  as  has  been  the  uniform  ruling  of  this  department.  (See 
Common  School  Btcisiom.  p.  109.)  In  the  case  there  cited,  Superintendent  Dis 
properly  remarks  that  school  districts  must  be  formed  of  contiguous  farms.  If 
the  example  of  forming  them  of  farms  not  adjacent  to  each  other  should  be 
sanctioned,  it  is  difficult  to  foresee  what  disorder  and  confusion  it  might  not 
create,  besides  opening  a  door  to  unequal  and  unj  ust  organizations. 


310  Formation  and  Altekation  of  Districts. 

It  is,  therefore,  decided  that  the  order  of  the  town  sui^erintendent,  as  herein- 
before recited,  is  illegal,  and  the  same  is  hereby  set  aside.  Per  V.  M.  Rice, 
September  18,  1854. 

It  ia  the  settled  policy  of  the  Department  of  Public  Iiijtniction  to  favor  the  consolidation 
of  weak  and  iuefflcieut  districts. 

The  town  siiperintendent  of  Independence,  Allegany  connty,  had  consolidated 
two  weak  and  inetiicient  districts,  Nos.  7  and  11.  Upon  an  appeal  to  the  county 
superintendent,  he  reversed  the  order  of  the  town  superintendent,  upon  the 
sole  ground  that  it  was,  apparently,  the  only  means  of  putting  an  end  to  the 
quarrels  and  dissensions  that  had  mihappily  arisen  in  the  consolidated  district. 
The  county  superintendent,  at  the  same  time,  admitted  that  the  organization, 
as  made  by  the  town  superintendent,  v/as  "  the  most  judicious  one  that  could 
be  entered  into  under  existing  circumstances,"  and  that,  although  not  perfect, 
"  it  was  the  best  that  could  be  made  until  the  population  of  the  neighborhood 
becomes  more  dense." 

The  State  Superintendent  reversed  the  decision  of  the  county  superintendent 
and  confirmed  the  order  of  the  town  superintendent,  strongly  reprehending 
the  bad  policy  of  re-establishing  two  weak  and  inefficient  districts,  obviously 
incapable  of  maintaining  an  adequate  organization.  Per  Young,  December  20, 
1844. 

Where  inhabitants  have  been  properly  set  off  from  one  cHstrict  to  another,  and  the  town 
clerk  has  omitted  to  record  the  order,  they  will  be  regarded  as  inhabitants  of  the  district 
to  which  they  have  been  annexed  after  it  has  been  acquiesced  in  for  five  years. 

This  is  an  appeal  from  the  proceedings  of  a  specal  meeting  held  on  the  28th 
of  March  last,  authorizing  the  trustees  to  levy  a  tax  on  the  district  to  defray 
the  expense  of  mo\'ing  the  school -house  to  the  new  site  or  to  let  the  job  of 
moving  the  same  to  the  lowest  bidder. 

The  appellants,  in  support  of  the  appeal,  allege  that  seven  persons,  who 
attended  the  meeting  and  voted,  were  not  inhabitants  of  and  legal  voters  in 
Baid  district,  having  been  annexed  in  1839  to  joint  district  No.  1,  Blenheim  and 
Fulton,  and  there  being  no  record  in  the  town  clerk's  office  of  either  of  said 
towns  of  their  subsequent  transfer,  either  to  district  No.  5  or  any  other  district. 

In  reply  to  this  allegation,  the  affidavits  of  the  town  superintendents  of 
Fulton  and  Blenhpim  for  the  year  1849  are  produced,  showing  that  the  indi- 
viduals referred  to  and  their  property  were,  in  the  spring  of  that  year,  trans- 
ferred by  them  from  joint  district  No.  1  to  district  No.  5,  and  that  the  order 
made  by  them  to  that  effect  was  transmitted  or  delivered  to  the  town  clerks  of 
their  respective  towns  for  record.  It  also  appears,  from  the  affidavit  of  the 
appellants  that,  from  that  period  to  the  present,  the  persons  so  transferred 
have  acted  iu  and  been  regarded  as  inhabitants  of  district  No.  5,  and  their 
children  enumerated  tliercin.  Under  these  circumstances,  and  after  an  acqui- 
escence of  five  years,  the  proof  of  such  transfer  must  be  regarded  as  sufficient, 
notwithstanding  the  omission  of  the  town  clerks  to  record  the  same.  Per  V. 
M.  Rice,  May  12,  1854. 

An  order,  issued  by  a  commissioner,  altering  a  district,  which  does  not  recite- 
the  consent  or  refusal  of  the  trustees  of  the  affected  district,  is  absolutely  void, 
ab  initio.  Per  S.  D.  Barr,  Deputy  Superiiitendent,  etc.,  June  27,  1866.  {Lett&is, 
vol.  5,  p.  483.) 

Town  superintendents  (school  commissioners)  should  always  give  notice  to  the  trustees  of 
their  intention  to  consider  any  proposed  alteration  of  their  district,  so  that  they  may  havo 
an  opportunity  of  associating  with  them  the  supervisor  and  town  clerk. 

On  the  fourth  day  of  April,  1855,  the  appellees  made  an  order  for  altering 
the  district  by  setting  off  all  that  portion  situated  in  the  town  of  Independ- 
ence, without  obtaining  the  consent,  or  giving  notice  to,  the  trustees.  Tho 
original  order  stated  that  it  was  to  take  effect  on  the  first  day  of  May,  but  iu 
the  copy  served  on  the  appellant  this  provision  was  omitted. 


FORMATIOX    AXD    AlTEKATIOX    OF    DISTRICTS.  311 

The  district  was  established  upon  an  appeal  by  the  State  Superintendent  in 
1844,  and  no  permission  was  obtained  for  its  alteration.  No  answer  is  put  in 
by  tlie  town  superintendent. 

Without  considerinof  the  expediency  of  the  order,  it  is  sufficient  for  the 
decision  of  the  case  that  the  proceedings  are  entirely  irregular.  The  order 
could  not  take  effect  until  three  months  after  service  of  notice  thereof  upon  the 
trustees  of  the  several  districts  affected  by  the  same,  except  by  their  assent 
daly  obtained  to  its  provisions. 

The  appellant  is  correct  in  belie\'ing  that  town  superintendents  should 
always  give  notice  of  their  intention  to  consider  a  proposed  alteration,  so 
that  the  trustees  may  have  the  opportunity  of  associating  the  supervisor  and 
town  clerk  in  the  proceedings,  and  of  urging  their  own  objections ;  Super- 
intendent Benton  declares  that  an  omission  in  this  respect  renders  the  order 
void. 

The  appeal  is,  therefore,  sustained,  and  the  order  of  the  town  superintendent 
vacated.     Per  V.  M.  Rice,  jNIay  28,  1855. 


The  statntfi  anthorir;es  the  association  of  the  town  cleric  and  supervisor  with  the  town 
eupeiiutcudent  (school  commissioner),  upon  the  application  of  the  trustees  of  any  district 
to  be  aft'ected  by  their  action. 

If  only  one  trustee  make  such  application,  such  hoard  does  not  obtain  jurisdiction  of  the 
subject-matter ;  the  application  of  a  majority  or  all  of  such  trustees  is  necessary. 

In  this  case,  districts  situated  in  both  towns  being  affected  by  the  proposed 
order,  a  single  trustee  of  district  No.  2,  in  Halfmoon,  and  of  joint  districts  Nos. 
8  and  18,  in  Halfmoon  and  Waterford,  applied  to  the  supervisors  and  town 
clerks  of  the  two  towns  to  be  associated  with  the  superintendents  in  their 
deliberations.  The  order  was  made  by  this  board,  thus  assembled,  and  the 
answer  sustaining  and  defending  it  is  signed  by  every  member. 

The  appellants  insist  that  the  board  was  entirely  destitute  of  jurisdiction. 
The  statute  authorizes  the  association  of  the  town  clerks  and  supervisors  with 
the  town  superintendents  only  upon  application  of  the  trustees  of  any  district 
to  be  affected  by  the  proposed  action.  If  a  majority  of  the  trustees  of  any  one 
district  make  the  application,  it  cannot  be  doubted  that  jurisdiction  is  given  as 
to  all  ;  in  this  case,  however,  a  majority  of  the  trustees  of  no  district  made  the 
application,  and  the  supervisors  and  town  clerks,  composing  a  majority  of  the 
board,  had  no  authority  whatever  in  the  premises. 

Considerable  research  has  failed  to  discover  any  adjudged  case  in  which  the 
precise  point  here  presented  has  been  determined.  It  is,  however,  believed  to 
be  impossible,  in  accordance  with  general  principles,  to  sustain  an  order  made 
by  a  tribunal  which,  in  its  constitution  as  a  whole,  has  no  jurisdiction,  although 
including  persons,  as  in  the  case  of  the  two  town  superintendents,  who.  acting 
alone  by  themselves,  would  have  possessed  the  requisite  authority,  and, 
although  these  persons  all  concur  in  the  order,  and  nothing  appears  showing 
that  their  judgment  was  in  any  degree  controlled,  or  their  deliberations  affected, 
by  the  presence  of  third  parties. 

The  difficulty  is,  that  it  must  always  be  practically  impossible  to  ascertain 
whether  the  decision  is,  in  fact,  the  unbiased  judgment  of  those  to  whom  the 
duty  of  making  it  has  been  committed  by  law.  It  may  be  said  that  a  judicial 
olKcer  is  not  only  blameless  but  praiseworthy  for  seeking  to  enlighten  his  own 
mind  by  the  suggestions  of  disinterested  and  intelligent  advisers.  There  is  a 
manifest  difference,  however,  between  his  voluntary  application,  which  is  con- 
sistent with  that  judicial  independence  which  it  is  so  important  to  preserve, 
and  his  being  subjected  to  the  iulluence  of  persons  claiming  to  deliberate  with 
him  as  a  matter  of  right.  It  is,  moreover,  an  element  in  the  policy  of  the  law, 
that  all  persons  required  to  exercise  judgment  for  tiie  public  good  should  be 
held  to  an  individual  responsibility,  and  not  be  permitted  to  diminish  it  by  dis- 
tributing a  part  of  the  burden  among  others. 

The  appeal  is  sustained.     Per  V.  M.  Kice,  July  14,  1855. 


312  FOKMATION   AND   AlTERATIOX   OF   DiSTKICTS. 

Town  snperintendents  (school  commissioners)  have  no  authority  to  alter  the  boundaries  of 
a  school  district,  if  the  same  have  heen  established  by  this  department  upon  appeal, 
until  after  the  lapse  of  three  years  from  the  time  they  were  so  established,  -without 
express  permission  of  the  State  Superintendent. 

The  appellants,  in  makinof  tlieir  annual  report,  envimerated,  among  the 
children  of  their  district,  the  five  children  of  Mr.  William  Kaynor.  In  making 
his  apportionment,  the  town  superintendent  deducted  these  children  from  the 
enumeration  of  district  No.  22,  on  the  ground  that  they  and  their  father  ■were 
residents  of  the  adjoining  district,  No.  21.  The  trustees  of  the  latter  district 
answer  the  appeal. 

It  appears  from  the  evidence  that  the  farm  of  Mr.  Raynor  was  taken  from 
district  No.  22,  some  five  or  six  years  since,  and  annexed  to  district  No.  21,  by 
an  order  of  the  town  superintendent,  that  officer  not  being  aware  that  the  line 
between  the  said  districts  had  been  established  in  ISoO,  by  the  State  Superin- 
tendent, upon  appeal. 

It  has  been  held  that  town  superintendents  have  no  power  to  alter  the 
boundaries  of  a  school  district,  if  the  same  have  been  established  by  this 
department,  upon  appeal,  imless  consent  shall  have  been  previously  given  by 
the  State  Superintendent  for  such  alteration.  This  rule  was  established  to 
prevent  the  decisions  of  the  department  from  being  deprived  of  any  practical 
eflfect,  as  might  be  the  case  if,  immediately  after  the  decision,  a  new  order 
could  be  made  precisely  or  substantially  similar  to  the  one  which  has  been  set 
aside. 

This  reason  fails,  however,  when  lapse  of  time  and  a  consequent  change  of 
circumstances  may  have  made  the  reasons  no  longer  applicable  which  controlled 
the  decision.  As  this  is  a  subject  of  regulation,  it  will  hereafter  be  held  that, 
after  a  lapse  of  three  years  from  the  time  when  the  boundary  of  a  district  shall 
have  been  established  by  this  department,  upon  appeal,  it  shall  no  longer  be 
requisite  to  apply  for  express  permission  of  the  State  Superintendent  to 
authorize  a  local  officer  to  make  an  alteration  of  the  same. 

In  the  case  under  consideration,  the  appeal  should  be  sitstained,  ■without 
reference  to  the  above  mentioned  objection.  It  is  the  duty  of  the  town  super- 
intendent to  apportion  the  public  money  according  to  the  number  of  children 
in  the  several  districts  "  as  the  same  shall  have  appeared  from  the  last  annual 
reports  of  the  trustees,"  and  not  otherwise.  If  he  deems  the  report  incorrect, 
it  is  proper  for  him  to  call  upon  the  trustees  to  correct  it,  and  if  they  refuse  to 
do  so,  they  may,  perhaps,  render  themselves  liable  to  the  penalty  imposed  for 
willfully  signing  a  false  report,  with  the  intention  of  causing  the  town  super- 
intendent to  apportion  and  pay  to  their  district  a  larger  sum  than  its  just 
proportion  of  the  school  moneys  of  the  town.  The  report,  however,  is  conclu- 
sive until  it  shall  be  amended  by  the  trustees,  or  the  question  be  determined 
on  appeal.     Per  V.  M.  Rice,  May  12,  1855. 

The  Superintendent  of  Public  Instruction  •vvill  reverse  an  order  of  a  town  superintendent 
(school  commissioner)  annexing  one  district  to  another,  where  the  inhabitants  of  either 
are  opposed  to  the  union,  and  have  sulHcieut  means  for  the  support  of  a  school,  it  being 
an  abuse  of  his  discretion. 

This  is  an  appeal  from  an  order  of  the  county  superintendent  of  Greene 
county,  who  confirmed  the  proceedings  of  a  town  superintendent  of  the  28th 
June  last,  uniting  districts  Nos.  2  and  19  of  the  town  of  Catskill.  The  county 
superintendent  sustained  the  order  of  the  town  superintendent  and  dismissed 
the  appeal.     From  this  decision  this  appeal  is  brought. 

From  a  careful  examination  of  the  papers  in  the  case,  the  superintendent  is 
compelled  to  differ  in  opinion  with  the  cf)iinty  superintendent  and  town  board, 
by  whose  order  the  union  of  districts  Nos.  2  and  19  has  been  effected.  It  appears 
that  sufficient  importance  has  not  been  given  to  the  facts  that  the  inhabitants 
of  district  No.  2  almost  unanimously  remonstrated  against  the  projioscd  union  ; 
that  they  have  every  necessary  facility  within  themselves,  as  at  present  organ- 
ized, to  sustain  a  good  school  ;  that,  for  several  years  past,  they  have  done  so, 
and  that  they  do  not  need  any  accession  of  territory,  taxable  projjerty  or  inhab- 


FOKMATIOX   AND   AlTERATIOX   OF   DiSTEICTS.  313 

itanta ;  that  district  No.  19,  so  far  as  wealth  and  children  of  the  proper  age  to 
attend  school  are  concerned,  is  far  more  able  to  keep  up  an  efficient  organiza- 
tion than  district  No.  2  ;  and  that  the  failure  of  tlie  inhabitants  in  district  19, 
under  such  circumstances,  even  to  procure  a  school-hous(;,  so  far  from  entitling 
them  to  special  consideration,  ou  zht,  ujwn  every  principle,  to  operate  adversely 
to  their  claim.  Doubtless  the  union  of  two  districts  contiguously  situated,  and 
together  occupying  a  small  area,  -would  prove  mutually  advantageous,  provided 
such  union  could  be  effected  by  the  general  consent  and  co-operation  of  the 
inhabitants  interested.  But,  in  the  absence  of  such  consent,  and  especially 
in  the  face  of  a  determined  and  unanimous  opposition  to  such  an  arrange- 
ment on  the  part  of  one  of  the  districts  proposed  to  be  united,  a  consolida- 
tion could,  in  the  judgment  of  the  department,  only  prove  detrimental  to 
the  cause  of  education,  and  subversive  of  the  best  interests  of  all  concerned. 
No  good  reason  can  be  perceived  why  the  inhabitants  of  district  No.  19  should 
not  promptly  avail  themselves  of  the  ample  means  at  their  command,  to  organ- 
ize and  etiiciently  sustain  a  school  of  the  highest  grade  of  excellence,  instead 
of  perriiitting  their  territory  to  be  parceled  out  into  private  and  select  schools. 
They  do  not  need  the  aid  of  district  No.  2,  in  order  to  the  accomplishment  of 
this  object.  The  decision  of  the  county  superintendent  is  hereby  reversed. 
Per  Young,  August,  1813. 

Trastees  cannot  wive  notice  for  themselves,  and  receive  it  for  the  district  as  trustees,  of  an 
application  to  be  set  off  to  anotlier  district,  and  assent  to  being  set  off  in  their  official 
capacity.    They  cannot  act  in  a  twofold  capacity. 

The  appellants  state  that  two  of  the  trustees  of  their  district  made  applica- 
tion to  the  town  superintendent,  without  giving  notice  to  their  colleague,  that 
their  own  lands  might  be  set  off  to  district  No.  5,  and  that  upon  that  applica- 
tion, without  consent  of  the  other  trustee,  the  order  was  made  setting  off  one 
of  them,  Mr.  Southworth.  It  does  not  appear,  although  it  may  be  surmised, 
that  Mr.  Ellis  is  the  other  trustee  thus  applying.  If  such  w^as  the  fact,  there 
would  be  no  notice,  in  a  proper  sense,  to  any  trustee  of  the  district.  When 
they  applied  to  be  separated,  it  was  in  their  individual  capacity  and  not  in 
their  official  character. 

Tliey  were  acting  prima  facie,  not  in  behalf  of  but  against  the  district ; 
applying  as  private  indi\"iduals  to  be  set  off,  and  assenting  to  being  set  off  in 
the  capacity  of  representatives  of  a  constituency  that  may,  if  the  practice 
should  be  tolerated,  be  without  an  opportunity  of  opposing.  It  follows,  there- 
fire,  that  notice  to  them  has  no  effect  whatever  upon  the  rights  of  the  district. 
There  is  no  evidence  in  this  case  that  any  written  notice  of  the  order  has  been 
served  upon  the  third  trustee,  or  in  fact  upon  any  trustee.  The  contrary  is  to 
be  presumed, .  from  the  fact  that  one  of  the  answers  sets  up  their  application 
and  consent  as  dispensing  with  such  notice.  The  order,  then,  has  not  taken 
effoct. 

There  exists  a  manifest  objection  to  impairing  the  resources  of  a  feeble 
district  to  swell  those  of  one  relatively  stronger,  and  it  is  against  the  settled 
rulins:  of  this  department. 

The  ajijieal  is,  therefore,  sustained.  Per  E.  P.  Smith,  Deputy  Superin- 
tendent, July  19,  1855. 

The  town  clerk  and  supervisor  have  no  power  to  review  an  order  to  alter  a  school  district. 

The  town  superintendent  of  Bolton  had  divided  district  No.  5,  in  said  town, 
without  the  consent  of  tlie  trustees.  The  latter  applied  to  the  town  clerk  and 
supervisor  to  review  the  order  for  such  division,  and  from  their  refusal  brought 
an  appeal  to  the  Superintendent  of  Public  Instruction. 

Tiic  supervisor  and  town  clerk  were  correct  in  holding  that  they  had  no 
jurisdiction  to  review  an  order  made  by  the  town  superintendent.  The  statute 
provides  that  these  officers  may,  upon  application  of  the  trastees,  associate 
themselves  with  the  superintendent  in  determininiir  upon  a  proposed  alteration 
of  a  school  district.     It  is  implied,  from  this  provision,  that  the  trustees  ought 

40 


314  Formation  and  Alteeatiox  of  Districts. 

to  have  such  notice  of  a  contemplated  alteration  aa  would  enable  them  to 
exercise  their  right  in  this  respect.  The  statute,  however,  does  not  prescribe 
such  notice  or  rejriilate  the  manner  in  which  it  shall  be  given ;  in  fact,  the 
trustees  might  themselves  desire  an  alteration  which  they  knew  the  super- 
intendent to  regard  as  inespe<:lient,  and  it  is  obvious  that,  in  such  case,  it 
would  devolve  iipon  them  to  give  notice  to  him  and  not  to  expect  one.  The 
spirit  of  the  statute  is  satisfied  whenever  it  appears  in  any  way  that  the 
trustees  have  had  the  opportunity  of  availing  themselves  of  the  counsel  of 
the  supervisor  and  clerk,  instead  of  trusting  the  matter  to  the  unaided  judg- 
ment of  the  superintendent. 

In  this  case  it  clearly  appears,  indeed,  it  is  not  denied,  that,  previous  to  the 
making  of  the  order  in  question,  the  supervisor,  town  clerk  and  superintendent 
Avere  assembled  upon  an  informal  call  of  the  inhabitants  to  consider  the  subject 
of  an  alteration  ;  that  the  trustees  were  present  and  had  their  attention  dis- 
tinctly called  to  the  fact  that  the  town  clerk  and  supervisor  could  act  only  on 
their  application,  and  that  they  stood  mute.  The  objection  comes  with  an 
exceedingly  bad  grace  from  them,  that  they  have  been  deprived  of  the  oppor- 
tunity to  do  that  which  they  had  refused  to  do  when  it  was  in  their  power. 
It  is  entitled  to  no  weight  whatever.    Per  V.  M.  Eice,  December  1,  1855. 

A  commissioner  having  made  an  order  altering  a  district,  and  the  trustees  dissenting,  and 
asking  the  town  clerk  and  supervisor  to  be  associated  with  the  commissioner,  in  a  review 
of  the  case  two  adjournments  were  had,  and  the  commissioner  made  an  order  confirming 
his  first  order,  without  waiting  for  the  second  meeting:  held,  that  his  order  was  void. 

On  the  thirtieth  of  November,  1866,  the  commissioner  issued  an  order  chang- 
ing the  boundary  lines  of  school  districts  Nos.  2  and  3,  of  the  town  of  Kinder- 
hook,  by  setting  oH'  the  farm  owned  and  occupied  by  Edward  Ponkman  from 
said  district  No.  2,  to  said  district  No.  3.  The  trustees  of  district  No.  2  dissented, 
and  the  commissioner  directed  that  the  order  should  not  take  effect  until  March 
15,  and  appointed  a  day  when  he  would  meet  with  the  dissenting  trustees, 
and  hear  and  determine  their  objections  to  said  order,  the  trustees  requesting 
the  town  clerk  and  supervisor  to  associate  themselves  with  the  commissioner 
on  such  hearing.  On  the  day  appointed,  as  above  stated,  only  the  commis- 
sioner and  town  clerk  were  present,  whereupon,  without  hearing  or  deciding 
the  matter,  an  adjournment  was  effected  to  the  twenty-fourth  of  December.  On 
the  twenty-fourth  of  December  the  boards  again  met,  all  the  members  being 
present.  After  hearing  the  statements  of  both  parties,  the  supervisor  and 
town  clerk  voted  to  adjourn  to  the  twenty-ninth  of  December,  for  the  purpose 
of  taking  measurements,  etc.  Immediately  after  this  resolution  to  adjoiirn,  the 
commissioner,  without  further  consultation  with  the  supervisor  or  town  clerk, 
issued  an  order  confirming  the  previous  order,  the  supervisor  and  town  clerk 
protesting  against  his  action.  It  is  evident  that  if  the  board  had  power  to 
adjourn  in  tlic  first  instance,  it  had  also  power,  hy  the  vote  of  a  majority  of  its 
members,  to  adjourn  the  second  time.  Granting,  for  tlie  sake  of  argument, 
that  the  board  has  power  to  adjourn,  then  the  order  issued  by  the  commis- 
sioner after  an  adjournment  had  been  effected,  confirming  his  previous  order, 
was  void.  But  if  tliese  boards  have  no  ])ower  to  adjourn,  then  the  commis- 
sioner's order  is  void,  because  it  was  not  issiicd  on  the  day  appointed,  in  the 
first  instance,  for  liearing  and  determining  objections  to  the  original  order. 

Whichever  view  of  the  case  is  taken,  it  is  clear  that  the  commissioner's 
order  is  invalid. 

On  examining  the  affidavits  of  the  trustees  of  district  No.  2,  and  of  the 
supervisor  and  town  clerk  of  Kinderhook,  as  well  as  the  map  of  the  two  dis- 
tricts submitted  with  the  appeal,  I  am  satisfied  that  this  order,  aside  from  any 
technical  irregularities,  ought  not  to  stand.  For  the  reasons  and  on  account 
of  the  irregularities  first  mentioacd,  it  is  hereby  decided  that  the  order  issued 
by  the  said  school  commissioner  on  the  twenty-fourth  day  of  December,  18GG, 
as  aforesaid,  altering  the  boundaries  of  school  districts  Nos.  2  and  3.  of  said 
town  is  void  and  of  no  effect  whatever.     Per  V.  M.  llice,  March  11,  1867. 


Formation  and  Alteratiox  of  Districts.  315 

A  commissioner  havins;  fixed  tlie  date  when  an  order  for  tlie  alteration  of  a  district  shall 
take  efluct,  caunot,  by  a  subsequent  order,  extend  the  lime. 

Wlien  a  commissioner  appoints  a  meetinfr  of  tlic  supervisor  and  town  clerk 
for  the  purpose  of  conferrinrj  or  rejectinjj  an  order  to  alter  a  district  for  a  day 
subsequent  to  the  date  fixed  for  said  order  to  take  effect,  and,  on  said  subse- 
quent day,  confirms  his  first  order,  his  last  order  and  all  his  proceedings  are 
null  and  void. 

On  the  first  day  of  December,  1866,  the  commissioner  issued  an  order 
makinof  alterations  in  district  No.  11,  and  certain  other  school  districts 
mentioned  therein,  directin<^  that  the  same  should  not  take  effect  as  to 
dissenting  school  districts  (among  which  was  said  district  No.  11)  until 
March  1,  and  giving  notice  to  the  trttstecs  of  affected  districts  of  a  time 
and  place  wheu  and  v/here  he  would  hear  and  determine  objections  to  said 
order. 

At  the  appointed  time  and  place  the  appellant  Avas  present,  but  the  commis- 
sioner failed  to  appear.  Subsequently  he  sen-ed  upon  appellant  a  notice 
appointing  another  day  for  the  purposes  above  mentioned,  but  ttpon  that  day, 
as  upon  the  day  previously  appointed,  the  commissioner  did  not  appear, 
although  said  trustee  was  present.  Supposing  that,  from  his  failure  to  appear, 
the  commissioner  had  determined  to  let  the  matter  drop,  the  inhabitants  of 
said  district,  at  a  special  meeting  held  January  7,  1867,  voted  to  build  a  new 
school-house  ;  and,  according  to  instructions,  said  trustee  contracted  for  the 
building  of  such  school-house,  made  out  his  tax  list,  warrant,  etc.,  and  placed 
them  in  the  collector's  hands. 

In  the  latter  part  of  February  the  commissioner  gave  to  said  trustee  notice 
of  a  meeting  to  bo  held  March  5,  at  which  he  would  hear  and  determine  objec- 
tions to  the  order  issued  as  aforesaid,  and  at  the  same  time  extended  the  time 
at  which  such  order  should  go  into  effect. 

On  the  appointed  day  the  commissioner  was  present,  and,  after  due  con- 
sideration, issued  an  order  confirming  that  made  December  1,  as  aforesaid. 

The  respondent  submits  an  atnda\it  that  he  was  prevented,  by  the  bad  state 
of  the  roads,  and  by  the  inclemency  of  the  weather,  from  meeting  said  trtistee 
at  the  time  first  appointed.  He  shows  that  he  made  an  attempt  to  reach  the 
designated  place  at  the  time  appointed,  and  that  it  was  through  no  fault  of 
his  own  that  he  was  not  present  according  to  notice. 

There  are  two  reasons  why  this  answer  is  insufficient  to  excuse  the  irregu- 
larity complained  of  In  the  first  place  the  final  meeting  was  held,  not  before 
the  iirst  of  March,  the  day  upon  which  the  original  order  was  to  have  taken 
effect,  but  upon  the  5th  of  Jfarch.  No  valid  action  ha%'ing  meanwhile  been 
taken  to  confirm  the  original  order,  -which,  in  conseqitence,  expired  on  the 
day  when,  had  it  been  properly  confirmed,  it  would  have  taken  effect. 
There  was,  consequently,  no  foundation  for  the  confirmatory  order  issued 
March  o.  The  action  of  the  commissioner  in  extending  the  time  for  the 
taking  effect  of  said  original  order  imparted  no  lengthened  \itality  thereto, 
it  being  a  general  rule  of  law  that  courts  of  inferior  jurisdiction  cannot 
alter  or  review  their  own  judgments,  and  in  these  cases  of  altering  district 
boundaries  the  school  commissioner  acts  as  a  court  having  inferior  juris- 
diction. 

Again,  if  the  order  for  extending  the  time  beyond  the  three  months,  and 
appointing  a  new  meeting  with  the  trustees  for  the  purpose  of  hearing  objec- 
tions to  the  proposed  changes,  be  considered  as  a  proceeding  de  novo,  then  his 
action  is  void,  because  the  order,  as  confirmed,  took  effect  within  three  months 
from  the  date  of  the  notice  of  such  meeting,  contrary  to  the  provisions  of 
section  3,  title  6,  of  the  General  School  Act. 

The  appeal  is  sustained,  and  the  said  orders  isstied  by  Commissioner  Miller 
on  the  1st  of  December,  18G6,  and  the  5th  of  March.  1867,  so  far  as  they  affect 
school  district  No.  11.  of  the  town  of  Harmonv,  are  hereby  declared  void.  Per 
V.  M.  Kice,  July  12,  1867. 


316  FOEMATION   AND    ALTERATION    OF    DiSTEICTS, 

A  commissioner  carrnpt  appoint  a  day  for  hearinc:  objections  to  an  order  for  the  alteration 
of  a  district  subsequent  to  the  date  fixed  for  it  to  talic  effect.  A  confirmatory  order  made 
ou  such  subsequent  day  is  void. 

On  the  twenty-first  day  of  November,  18G6,  tlie  scliool  commissioner  issued 
an  order  consolidating  scliool  districts  Xos.  3,  7  and  8,  of  the  town  of  Clymer, 
and  No.  3,  of  the  town  of  French  Creek,  and  also  annexing  to  said  consolidated 
district  portions  of  district  No.  6,  of  Clymer,  and  joint  district  No.  5,  of 
Clymer  and  French  Creek.  Said  order,  so  far  as  it  affected  district  No.  3, 
of  Clymer,  and.  No.  3,  of  French  Creek,  took  effect  immediately,  the  consent  of 
the  trustees  lia\'ing  been  given.  So  far  as  the  other  districts  above  mentioned 
were  affected,  said  order  was  not  to  take  effect  till  the  twenty-first  day  of 
February,  1867.  Said  commissioner  also  gave  notice,  to  the  trustees  dissenting 
from  said  order,  of  a  time  and  place  wlien  and  where  he  would  meet  them, 
and  hear  and  determine  objections  to  said  order.  Said  trustees  were  present 
at  the  time  and  place  appointed,  but  the  commissioner  failed  to  meet  them. 

Another  notice  was  served  upon  said  trustees  by  said  commissioner,  appoint- 
ing another  day  on  which  the  meeting  above  mentioned  would  be  held,  and 
the  before  mentioned  objections  considered.  Again  the  said  trustees  were 
present  at  the  specified  time  and  place,  and  again  the  commissioner  failed  to 
meet  them. 

A  third  notice,  in  substance  the  same  as  the  others,  appointing  the  tcntlx 
of  March  as  the  time  when  he  would  meet  said  trustees  for  the  purposes  abova 
mentioned,  was  served  by  said  commissioner.  The  dissenting  trustees  again 
presented  themselves,  and  were  this  time  met  by  the  commissioner,  who,  after 
listening  to  their  objections,  determined  to  confirm  his  previous  order,  and 
did  so  confirm  it,  by  a  writing,  imder  his  hand,  directing  that  the  same  should 
take  effect  March  29,  1867.  The  trustees  of  said  district  No.  8  now  appeal 
from  said  order,  and  ask  that  so  much  of  it  as  relates  to  the  school  district  be 
declared  void  and  set  aside  for  the  following  reasons : 

1.  On  account  of  the  failure  of  said  commissioner  to  meet  said  trustees  at  the 
time  first  appointed,  or  within  the  time  required  by  law  ; 

2.  Because  the  distance  to  the  school-hoiise  of  the  consolidated  district  is  so 
great  that  it  will  be  impossible  to  send  children  to  school  ; 

3.  Because  it  will  make  additional  and  unnecessary  expense  for  the  inhabi- 
tants of  "said  district  No.  8  ; 

4.  Because  of  the  influences  around  the  \illage  of  CljTner,  where  the  school- 
house  of  the  consolidated  district  is  to  be  situated,  are  bad. 

Under  the  second  point,  the  appellant  states  that  the  point  in  said  district 
No.  8,  nearest  the  village  of  Clymer,  is  three-quarters  of  a  mile  distant,  and  the 
farthest  point  therein  is  distant  from  said  village  two  and  three-quarter  miles ; 
that  the  inhabitant  of  said  district  li^^ng  nearest  said  village  is  distant  one 
mile  and  a'  quarter,  and  that  the  farthest  inhabitant  thereof  is  distant  two 
and  one-half  miles  therefrom.  In  support  of  the  third  point,  the  said  trustee 
claims  that  the  said  district  has  now  a  comfortable,  though  old-fashioned 
school-house,  and  further  claims  that  the  district  has  passed  a  resolution  to 
build  a  new  school-house  during  t]ii>  present  season. 

To  support  his  fourth  point,  appellant  alleges  that  there  are  in  said  village 
a  liquor  tavern,  grocery  store,  etc.,  where  the  scholars  can  obtain  liquor,  and. 
v.'here,  so  far  from  their  homes,  the  children  would  be  likely  to  learn  profanity 
and  drunkenness.  It  is  also  claimed  by  the  appellant  that  fourteen  out  of  tli0 
eigliteen  legal  voters  of  said  district  are  opposed  to  said  consolidation,  and  that 
they  have  signed  a  remonstrance  against  the  same. 

The  answer  to  the  appeal  shows,  in  explanation  of  the  failure  of  the  commis- 
sioner to  be  present  at  the  time  and  place  first  appointed  for  the  purpose  of 
hearing  and  deciding  objections  to  said  order,  that  "  tlie  snow  was  so  deep  and. 
so  badly  drifted  that  it  was  impossible  and  even  absurd  to  attempt  traveling  at 
tlie  time."  This  answer  is  not  as  complete  as  I  could  wish.  It  does  not  show 
that  any  olffiDipt  was  made  by  the  commissioner  to  keep  his  engagement.  Tho 
ap]ii\il  pa])ers  show  that  the  trustees  were  able  to  travel  from  their  respective 
homes  to  tho  place  designated  by  the  commissioner,  and  that  they  were  at  the 


FOEMATION"   AXD   AlTEEATION   OF   DISTRICTS.  317 

appointed  place  at  the  appointed  time.  Why,  then,  was  it  impossible  for  the 
commissioner  to  reach  the  desifinatcd  place  at  the  proper  time?  It  might 
have  been  argued  that  the  comiiiissiuiier  had  a  greater  distance  to  trav'cl,  and 
that  tlie  roads  over  wliich  he  woiikl  have  been  obliged  to  pass  were  in  worse 
condition  than  those  over  which  the  trustees  traveled ;  but  such  a  defense  is 
not  set  up  in  the  answer,  nor  is  it  claimed  therein  that  the  commissioner  made 
an  attempt  to  reach  th(;  place  at  the  appointed  time,  and  that  he  was  forced 
back  by  the  bad  condition  of  the  roads  or  the  inclemency  of  the  weather. 

It  will  be  remembered  that,  by  the  terms  of  the  first  order,  the  altera+ion,  so 
far  as  it  aifected  the  dissenting  districts,  was  to  take  eff.'ct  some  time  between 
the  20th  day  of  February  and  the  1st  day  of  March.  But,  before  such  order 
could  take  effect  as  to  tlie.se  districts,  it  was  necessary  that  a  hearing  should  be 
granted  to  their  trustees,  and  a  subsequent  order  is  issued  confirming  the  first 
order.  It  has  been  held  in  this  department  time  and  again  that,  unless  this 
subsequent  confirmatory  order  shall  be  issued,  the  first  order,  so  far  as  it  alFects 
dissenting  districts,  falls  to  the  ground,  expiring  on  the  day  originally  fixed  for 
its  taking  effect. 

In  this  case,  the  confirmatory  order  was  not  issued  till  March  G.  Before 
that  date,  the  time  fixed  upon  for  the  taking  effect  of  the  first  order  had 
elapsed,  and  such  order  was,  therefore,  according  to  the  rule  above  quoted, 
dead.  Being  dead,  the  confirmatory  order  could  not  resuscitate  it,  and  this 
latter  order  having,  therefore,  no  foundation  upon  which  to  stand,  also  falls. 
There  is  no  doubt  in  my  mind  but  that  a  commissioner,  where  prevented  from 
meeting  the  dissenting  trustees  at  tlie  time  appointed,  by  circumstances  over 
which  he  had  no  control,  may  designate  some  other  time  and  place,  by  giving 
the  notice  prescribed  by  law.  But  such  time  must  be  before  the  expiration  of 
the  time  mentioned  in  the  first  order  for  the  taking  effect  thereof. 

For  the  reasons  above  set  forth,  I  feel  bound  to  sustain  this  appeal,  and  said 
order  issued  by  the  said  commissioner  on  the  21st  of  November,  1866,  as  afore- 
said, so  far  as  it  affects  district  No.  8,  of  the  town  oC  Clymer,  and  all  other 
school  districts,  the  trustees  of  wliich  did  not  consent  to  such  order,  is  hereby 
declared  void,  together  vdth  the  subsequent  confirmatory  order  issued  March  6, 
1867.    Per  V.  M.  Rice,  July  12,  1867. 

A  school  commissioner  has  no  power  to  declare  illegal  a  meeting  held  to  decide  upon  the 
formation  of  a  union  free  school  district,  and  to  authorize  another  meeting. 

It  appears  from  the  testimony  sttbmitted  in  this  case,  that  a  special  meeting 
was  duly  called  and  held  in  said  district  about  the  10th  of  November,  1866,  for 
the  purpose  of  deciding  whether  a  union  free  school  should  be  established 
therein.  The  vote  on  the  question  was  taken  by  ballot ;  twenty-six  votes  were 
cast,  of  which  seventeen  were  in  favor  of  organizing  such  free  school,  and  nine 
against  the  same.  The  jiroposition,  not  having  received  the  assent  of  two- 
thirds  of  the  legal  voters  present  and  voting,  was  declared  lost.  Subsequently, 
by  order  of  the  school  commissioner  of  the  second  district  of  Chautauqua 
county,  another  special  meeting  was  held  on  the  29th  of  December,  1866, 
Baid  commissioner  having  decided  that  the  meeting  held  on  the  10th  of 
November,  as  aforesaid,  was  void  on  account  of  certain  irregularities  specified 
by  him.  This  second  meeting  also  proceeded  to  ballot  on  the  question  of 
organizing  a  free  school  in  said  district ;  sixteen  ballots  were  cast  which  had 
written  on  them  "  For  Union  Free  School,"  and  ten  were  cast  which  had  writ- 
ten on  them,  "  Against."  In  counting  the  ballots,  the  chairman  rejected  all 
those  having  written  on  them  the  word  "  Against,"  and  d(>clared  the  vote  in 
favor  of  a  union  free  school  unanimous.  All  those  who  dei)osited  the  ballots 
on  which  were  written  the  word  "  Against,"  make  affidavit  that  they  are 
legally  entitled  to  vote  at  school  district  meetings  in  said  district,  and  that  by 
the  word  "  Against,"  they  intended  against  a  union  free  school. 

All  the  proceedings  in  the  matter  of  organizing  a  union  free  school  in  this 
district  since  the  meeting  held  on  the  lOtli  of  November,  as  aforesaid,  are  void. 
In  the  first  place  the  school  commissioner  had  no  jurisdiction  to  pronounce  the 


318  FoEirATiox  axd  Alteration  of  Districts. 

proceedings  of  that  meeting  void,  nor  to  order  another  special  meeting  to  be 
held  for  the  purpose  of  voting  upon  the  question  decided  at  that  meeting. 
The  Superintendent  of  Public  Instruction  is  the  only  school  officer  authorized, 
by  law,  to  assume  jurisdiction  over  that  class  of  questions.  But,  even  if  the 
second  meeting  had  been  legally  held,  I  should  still  be  obliged  to  decide  that 
the  motion  to  organize  a  free  school  in  said  district  was  lost,  because  less  than 
two-thirds  of  those  present  and  voting  cast  their  ballots  in  favor  of  such 
proposition.  The  appeal  is  hereby  sustained,  and  the  proceedings  of  the  meet- 
ing held  in  said  district,  December  29,  1866,  are  pronounced  void.  Per  V.  M. 
Eice,  March  11,  1867. 

A  district  is  not  anunlled  unless  all  its  parts  are  annexed  to  adjoining  districts,  so  that 

nothing  of  the  original  district  remains. 
Unless  the  commissioner's  order  for  the  alteration  of  a  district  recites  the  refusal  or  consent 

of  the  trustees,  it  is  null  and  void. 

No  answer  to  this  appeal  having  been  filed  in  this  department,  the  state- 
ments made  by  the  appellants  must  be  taken  as  true,  and  decision  be  rendered 
accordingly.  It  appears  that  on  or  about  the  third  of  August,  1866,  the  said 
commissioner,  by  an  order  filed  viith  the  town  clerk  of  Westville,  divided  dis- 
trict No.  2  of  said  town  into  two  poilions,  calling  the  south  part  of  the  old 
district  No.  8,  and  the  north  part  No.  2.  By  the  terms  of  the  order  the  old  dis- 
trict is  dissolved;  but,  as  one  of  the  new  districts  fonned  consists  entirely  of 
territory  formerly  comprised  within  the  limits  of  old  district  No.  2,  it  is  plain 
that  it  was  not  a  dissnlution,  but  an  alteration,  of  said  district,  that  was  effected. 
A  district  is  annulled  only  when  all  its  parts  are  annexed  to  other  districts,  so 
that  nothing  of  the  original  district  remains.  If  any  of  it  remains  as  a  dis- 
tinct district,  though  designated  by  a  new  name  and  number,  it  is  not  a  case 
of  "  annulling."  Now,  in  every  case  of  alteration,  when  the  consent  of  the 
trustees  of  the  district  to  be  aftected  is  not  obtained,  it  becomes  necessary  for 
the  commissioner,  in  making  his  order,  to  recite  the  refusal  of  the  trustees  and 
to  direct  that  said  order  shall  not  take  effect,  as  to  .such  dissenting  district, 
until  a  day  therein  named,  and  not  less  than  three  months  after  notice  to  the 
dissenting  trustees  of  the  time  and  place  when  and  where  their  objections 
Avill  be  heard.  {Sections  3  and  4,  idle  Q,  General  School  Lato  o/1864.)  But  the 
order  above  referred  to  does  not  recite  either  tlie  assent  or  refusal  of  the 
trustees,  but  directs  that  the  order  shall  take  etfect  October  1,  1866 — less  than 
two  months  from  the  time  of  making  said  order. 

Very  plain  and  clear  provisions  of  the  law  have  thus  been  altogether  disre- 
garded by  the  commissioner,  and  the  Superintendent  cannot  sustain  liis  action. 

The  appeal  is  hereby  sustained,  and  said  order,  made  by  said  commissioner, 
as  aforesaid,  and  filed  witli  the  town  clerk  of  \YestviIle,  is  hereby  declared 
null  and  void.     Per  V.  M.  Pace,  September  29,  1866. 

It  is  only  after  a  school  commissioner  has  granted  an  order  for  the  alteration  of  a  school 
district,  that  the  supervisor  and  town  clerk  can  be  associated  with  him  to  review  his 
proceedings. 

It  appears  that  some  time  during  the  school  year  closing  Avitli  September 
30,  1865,  application  was  made  to  the  school  commissioner  for  the  second  com- 
missioner district  of  Franklin  county,  for  division  of  school  district  No.  2,  in 
tlie  town  of  \Vest\'ille.  The  commissioner  decided  not  to  divide.  It  appears 
that  subsequently,  on  the  eleventh  day  of  August,  1865,  the  supervisor  and 
town  clerk  of  the  town  wore  associated  with  the  commissioner,  and  the  three, 
acting  as  a  board,  rendered  a  decision  in  terms  reversing  the  order  of  the  com- 
missioner and  dividing  the  district.  Tlie  supervisor  and  town  clerk  have  no 
jurisdiction  in  the  alteration  of  school  districts,  except  in  cases  where  the  com- 
missioner has  granted  an  order  making  an  alteration.  This  is  not  such  a  case. 
Therefore,  the  order  made  by  the  scliool  commissioner  for  the  second  commis- 
sioner district  of  Franklin  county,  and  the  supervisors  and  town  clerk  of  tlie 
town  of  Westville,  in  said  county,  on  or  about  the  fourth  day  of  August,  1805, 
dividing  school  district  No,  2,  of  said  town,  was,  and  is  hereby  declared,  null 
and  void.     Per  V.  M.  Rice,  March  30,  186(). 


FOEMATIOX   AXD   ALTERATION    OF   DISTRICTS.  319 

A  school  commissioner  has  no  jurisdiction  to  alter  a  school  district  until  the  trustees 

thereof  have  been  asked  and  have  given  or  refused  to  give  their  consent. 
Tlie  order  for  the  formation  of  a  district  must  contain  a  recital  of  such  consent  or  refusal. 

Under  section  3  of  title  G  of  the  consolidated  scliool  act  of  1804  tlie  school 
commissioner  has  no  jurisdiction  to  make  an  order  altering  a  school  dis- 
trict until  after  the  trustees  have  been  asked  and  have  refused  to  consent  to 
the  proposed  alteration.  These  appellants,  three  in  number,  all  swear  that 
their  consent  to  tliis  alteration  had  not  been  asked  subsequently  to  the  deci- 
sion of  the  appeals  brought  to  this  department  from  this  same  district  last  year. 
There  is  no  allegation  in  any  paper  submitted  to  the  Superintendent  by  the 
respondent  claiming  that  any  such  request  had  been  made  previous  to  making 
the  order  bearing  date  June  8, 18(35,  altering  the  boundaries  of  said  district. 

Tlierefore,  I  must  hold  that  no  such  consent  was  asked  or  refused.  Hence, 
the  order  made  by  the  school  commissioner  was  void  for  want  of  jurisdiction. 
But  the  section  above  referred  to  provides,  also,  that  the  commissioner  may 
make  and  file  with  the  town  clerk  his  order  making  the  alteration,  but  reciting 
the  refusal,  etc.  The  order  made  in  this  case  recites  no  such  refusal,  and  lience 
the  commissioner,  having  failed  to  comply  with  the  plain  requirement  of  the 
statute,  and  to  recite  in  the  order  the  fact  giving  him  jurisdiction  to  make  it, 
the  order  is  void. 

The  appeal  is,  therefore,  sustained,  and  said  order,  made  by  said  Orrin  R. 
Bouton,  school  commissioner,  and  the  confirmation  thereof  referred  to  in  the 
said  appeal,  are  hereby  declared  null  and  void.  Per  S.  D.  Barr,  Deputy  Super- 
intendent, December  i6, 1865. 

A  district  cannot  he  compelled  to  rebuild  where  school-house  has  been  destroyed;  but, 
where  it  for  a  long  time  refuses  to  do  so,  may  be  annulled  and  attached  to  others 
adjoining. 

There  is  no  law  by  which  a  district  can  be  compelled  to  rebuild,  where  the 
school-house  has  been  destroyed ;  but  a  trustee  is  empowered  to  hire  rooms 
temporarily,  for  the  accommodation  of  the  children,  whenever  he  shall  deem 
it  necessary.  This  he  can  do  Avithout  a  vote  of  the  district.  If  the  district 
refuses  to  build  for  an  unreasonable  length  of  time,  the  school  commissioner 
of  the  district  Av-ill  examine  into  the  case,  and  report  as  to  the  expediency  of 
annulling  the  district  and  attaching  it  to  those  adjoining.  Per  V.  M.  liice. 
Superintendent,  February  7,  1866.  (Lttters,  vol.  5,  p.  130.) 

School  commissioners  not  to  form  new  districts  nntil  boundaries  are  defined  by  inhabitants. 
School  commissioners  should  not  make  any  order  forming  a  new  school 
district  until  after  the  inhabitants  shall  Ijave  properly  defined  the  boundaries 
of  the  proposed  district.  Per  V.  M.  Rice,  Superintendent,  March  26,  1866. 
{Letters,  vol.  5,  ^^.  243.) 

School  commissioners  may,  at  any  time,  amend  the  records  of  district  boundaries. 
An  amended  record  of  the  boundaries  of  school  districts  may  be  made,_  or 
caused  to  be  made  by  school  commissioners,  by  virtue  of  subdivision  1,  section 
13,  title  2  of  the  general  school  law  as  amended  by  section  2,  chapter  547, 
Laws  of  1865,  at  any  time,  whether  between  the  first  days  of  xVpril  and  October, 
or  not.  Of  course  this  does  not  give  them  the  power  to  alter  districts,  by 
taking  from  or  adding  thereto  property,  the  exact  location  of  whicli  has  been 
before  definitely  ascertained  and  understood  between  April  1  and  October  1 ; 
but  it  does  give  them  the  power  to  settle  disputes  in  regard  to  district  bounda- 
ries at  anv  time.  Per  V.  M.  Rice,  Superintendent  of  Public  Instruction,  April 
5,  1866.  {Letters,  vol.  5,  p.  266.) 

Commissioners  only  have  power  to  form  and  alter  school  districts. 
The  law  gives  to  inliabitants  of  school  districts  no  power  to  dissolve  or  annul 
their  scliool  district.     Tliis  power  is  vested  in  school  commissioners  only,  and 
can  be  exercised  by  them  only  under  certain  restrictions.     Per  S.  D.  Ban, 
Deputy  Superintendent,  October  11,  1866.  {Letters,  vol.  5,  p.  616.) 


320  Formation  and  Alteration  op  Districts. 

Boards  of  supervisors  have  no  power  to  alter  school  commissioner  districts. 

The  commissioner  districts,  as  orfjanized  under  cxistinp^  laws,  and  as  recog- 
nized in  the  election  of  school  commissioners  in  1803,  must  continue  to  be 
held  and  regarded  as  the  school  commissioner  districts  of  your  coimty,  until 
expressly  altered  or  modified  by  the  Legislature. 

Boards  of  super\isors  have  no  power  to  alter  school  commissioner  districts. 
(See  sections  2,  3,  and  6,  of  title  2,  chap.  555  of  the  Laws  of  1864.)  Per  V.  M.  Rice, 
Superintendent  of  Public  Instruction,  October  9,  1866.  {Letters,  vol.  5,  p.  614.) 

Apportionment  of  property  of  clissolved  district. 

"Where  a  district  is  annulled,  and  a  sale  and  apportionment  of  its  property 
made  in  a  legal  manner,  and  any  inhabitant  of  the  dissolved  district  refuses  or 
neglects  to  receive  the  share  apportioned  to  him,  the  supervisor,  on  an  affidavit 
of  the  facts,  will  be  authorized  to  pay  over  such  share  to  the  trustees  of  the 
district  of  which  such  inhabitant  is  a  member,  to  be  applied  by  them  in  the 
reduction  of  any  tax  which  may  thereafter  be  imposed  on  him  for  distinct  pur- 
poses. Per  S.  S.  Randall,  Deputy  Superintendent,  April  28,  1854.  {Letters,  vol, 
1,  p.  54.) 

Districts,  how  consolidated  or  annulled. 

A  school  district  is  consolidated  when  formed  of  two  or  more  districts  united. 
It  is  annulled  by  annexing  the  several  portions  of  its  territory  to  adjoining 
districts.  Per  V.  M.  Pace,  Superintendent  of  Public  Instruction,  November  13, 
1854.  {Letters,  vol  1,  p.  376.) 

Annulment  of  a  district  rests  with  school  commissioner. 

The  annulment  of  a  district  rests  with  the  school  commissioner.  This 
department  cannot  interfere  to  prevent  the  act  being  done ;  but  it  can  set  it 
aside  afterward  on  appeal,  if  it  is  made  to  appear  that  the  dissolution  ought 
not  to  liave  been  effected.  Per  E.  W.  Keyes,  Deputy  Superintendent,  April  16, 
1864.  {Letters,  vol.  3,  p.  107.) 

The  personal  convenience  of  one  or  two  inhabitants  will  not  be  permitted  to  control  in  the 
alteration  of  districts,  where  such  alteration  would  detach  property  from  a  weak  district 
and  attach  it  to  one  much  stronger. 

On  an  appeal  from  an  order  of  a  school  commissioner  altering  a  certain 
district,  it  was  held,  that  whatever  private  convenience  might  l)e  subserved,  it 
would  be  at  a  sacrifice  of  settled  prijicijiles  of  public  policy  to  carry  into  effect 
an  alteration,  the  apparent  consequence  of  which  would  be  to  exaggerate  the 
disparity  of  districts  already  existing,  and  that  such  alteration,  therefore, 
would  not  be  allowed.     Per  V.  M.  Rice,  Superintendent,  March  9,  1857. 

Where  an  order  for  the  alteration  of  a  district  is  alleged  to  have  been  made,  but  no  such 
order  is  found  recorded  by  the  town  clerk,  other  evidence  in  proof  of  the  fact  of 
such  order  being  made  will  be  received. 

Where  no  record  of  an  alleged  order  altering  certain  school  districts  can  be 
found,  tlic  affidavit  of  the  town  superintendent  at  the  time  of  the  making  of 
the  alleged  order,  that  he  actually  made  the  order,  will  lae  received  in  evidence, 
and  it  will  be  assumed  that  the  order  was  actually  made  at  the  time  alleged. 
Per  V.  M.  Rice,  Superintendent,  March  31,  1857. 

A  school  commissioner  has  no  power  to  adjudicate  upon  the  validity  of  an  order  made  by 

his  predecessor. 

On  an  appeal  from  an  order  made  by  a  school  commissioner,  annulling  the 
proceedings  by  which  certain  territory  was  organized  into  a  .scliool  district,  it 
•was  held,  that  tlie  declaration  of  his  opinion,  however  correct,  as  to  the  validity 
of  an  act  by  his  predecessor,  lias  no  greater  force  than  that  of  any  other  citizen. 
Per  V.  M.  Rico,  Superintendent,  February  7,  1857. 


Formation  and  Alteration  of  Districts.  321 

The  department  will  not  eanction  the  pcttin<]:  off  of  a  person  from  a  weak  distnct  to  a 
Btrong  one,  on  account  of  a  difficulty  which  he  may  have  in  the  district  where  he 
resides. 

On  an  appeal  from  the  procoodinfjs  of  tlio  local  otRcnrs  in  sc'ttinjr  off  from  a 
weak  district  the  farm  and  residence  of  one  of  the  inliabitants  of  said  district, 
the  local  officers,  in  justification  of  their  course,  set  forth  that  a  difficulty  of 
lonof  standin<j  exists  between  the  inhabitant  set  off  and  tlu-  district  of  wliich 
he  is  a  resident,  and  that,  in  consequence  of  this  ditliculty,  he  has  not  for  some 
time  sent  to  the  school  iu  his  district.  They,  therefore,  felt  that  the  cause  of 
education  would  be  more  cftectually  promoted  by  setting  him  off  to  another 
district. 

A\'hile  I  concede  that  the  motives  of  the  local  officers  were  just  and  worthy 
in  themselves,  I  cannot  find  iu  the  circumstances  that  surround  the  case  a  good 
reason  for  the  conclusion  arrived  at.  The  precedent  established  is  a  dangerous 
one,  which,  though,  if  it  could  be  localized,  might  not  be  very  unfortunate, 
3'et,  if  sanctioned  by  the  department,  and  thus  made  of  general  apjdication 
tl)Mugliout  the  State,  would  prove  a  source  of  unending  contention  and  strife. 
To  secure  a  change  from  one  district  to  anotlier  would  then  only  require  the 
party  desiring  such  removal  to  get  into  some  difficulty  with  the  district. 

For  the  reasons  above  set  forth,  the  order  will  be  set  aside.  Per  E.  W. 
Keyes,  Deputy  Superintendent,  October  lo,  1859. 

An  alteration  of  a  school  district,  lyin^  partly  in  the  district?  of  two  commissioner?,  can- 
not be  effected  without  the  joint  action  of  the  commissioners.  Consent  of  trustees  to  an 
alteration  of  district  should  recite  the  f.ict  of  a  nieetiuiif  and  consultation. 

The  principle  which  this  department  has  always  recognized  is  that,  when 
any  district,  affected  by  a  proposed  alteration,  lies  partly  within  the  jurisdic- 
tion of  two  or  more  commissioners,  their  joint  action  is  indispensable  to  give 
jurisdiction  of  the  subject-matter.  It  is  not  enough  that  the  new  district 
formed  lies  wholly  within  the  jurisdiction  of  one  commissioner.  The  fact  that 
other  districts,  whose  boundaries  are  thereby  changed,  are  wholly  or  in  part 
within  the  limits  of  another  commissioner's  district,  gives  him  a  rightful  voice 
iu  determining  to  what  alterations,  if  any,  such  district  shall  be  sul)jected. 

The  consent  given  by  the  trustees  to  tiie  proposed  alteration  of  their  district 
must  show  upon  its  face  that  there  has  been  a  meeting  of  the  trustees  to  con- 
sider and  act  upon  the  question  of  alteration.  Where  such  is  not  the  case,  the 
consent  is  of  no  account.     Per  V.  M.  Kice,  Superintendent,  April  17,  1863 

Where  a  nevr  district  has  been  erected  to  settle  a  controversy,  the  inhabitants  of  such  dis- 
trict protest! nir  that  they  were  able  lo  maintain  a  school,  it  should  not  subsequently  be 
enlarged  at  the  expense  of  surrounding  districts. 

Where  a  new  district  has  been  erected  as  a  means  of  settling  a  district  con- 
troversy, the  inhabitants  forming  the  new  district  earnestly  protesting  that 
they  were  abundantly  able  to  maintain  a  school,  and  that  they  would  not,  at 
any  future  day,  ask  for  an  increase  of  territory,  held,  that  it  is  opjjosed  to  all 
sound  and  just  policy  to  grant  the  formation  of  a  new  district  to  pacify  an 
unhappy  strife  ;  and,  a  few  years  after,  to  suffi-r  tiie  weakness  and  inefficiency 
of  such  a  district  to  plead  in  behalf  of  its  further  enlargement,  and  the  conse- 
quent re;liu'tion  of  surrounding  districts.  Such  a  jjolicy  is  j)ractically  offering 
a  ])remium  for  contention  and  strife  ;  and,  whenever  any  order  for  the  altera- 
tion of  a  district  appears,  to  this  department,  to  favor  such  a  policy,  it  will  be 
annulled  upon  that  ground.  Per  E.  ^V.  Keves,  Acting  Superintendent,  Decem- 
ber 5,  18G1. 

Local  boards  for  the  alteration  of  districts  cannot  act  upon  districts  lying  outside  their  own 

town. 

Where  a  local  board,  composed  of  the  schotd  commissioner  and  the  supervi 
eor  and  town  clerk  of  the  town  of  M.,  ]n'ocee(Ied  to  act  uiion  a  question  of  set- 
ting ofl"  portions  of  a  district  lying  in  the  town  of  N.,  held,  that  the  board  so 

41 


322  Formation  and  Alteration  of  Districts. 

composed  had  no  jurisdiction  over  tlie  qiiestion,  and  that  tlie  order  made  by 
them  was  absolutely  void.  Per  E.  W.  Keyes,  Acting  Superintendent,  Decem- 
ber 5,  1861. 

A  coraniissioner  has  no  power  to  divide  a  union  free  school  district. 

This  is  an  appeal  from  the  refusal  of  the  school  commissioner  to  divide  the 
district. 

Aside  from  the  merits  of  this  case,  I  think  there  is  a  fatal  objection  to  over- 
ruling the  decision  of  the  commissioner,  found  in  the  fact  that  this  appears  to 
be  a  union  free  school  district,  and,  as  such,  it  is  my  conviction  that  the  school 
commissioner  has  no  power  to  divide  it.  If  it  were  held  that  he  had  power  to 
divide  it,  many  perplexing  questions  would  arise. 

In  my  opinion,  therefore,  there  is  no  authority,  short  of  the  Legislature, 
com])etent  to  effect  the  contemplated  division. 

The  appeal  is  therefore  dismissed.  Per  E.  W.  Keycs,  Acting  Superintend- 
ent, December  5,  1801. 

The  department  will  not  set  aside  a  consolidation  proper  in  itself,  because  of  the  existence 
of  new  elements  of  opposition  that  have  arisen  since  the  consolidation  was  effected. 

The  local  board,  consisting  of  the  school  commissioner,  the  supervisor  and 
the  town  clerk,  by  an  order  ditly  made,  and  in  accordance  with  the  policy 
advocated  by  this  department,  consolidated  two  districts.  The  consolidation 
of  these  districts  had  been  favorably  discussed  by  the  inhabitants  of  each  for 
some  time  previously,  but  the  basis  of  the  consolidation  is  a  matter  of  differ- 
ence, owing  to  certain  pecuniary  irregularities  in  the  two  districts,  and,  conse- 
quently, an  appeal  is  brouglit  from  the  action  of  the  board. 

To  reverse  the  action  of  the  board  now,  becaitse  of  conditions  which  they 
could  not  anticipate,  and  for  which  they  are  not  responsible,  would,  to  my 
mind,  be  an  unjust  reflection  upon  their  official  integrity  and  wisdom,  and 
would,  practically,  offer  a  premium  to  disaffection  and  discontent.  I  am  by  no 
means  insensible  to  the  suggestion  that  a  nominal  union  is  of  little  value 
where  the  spirit  of  union  is  not  found.  It  may  even  be  of  positive  disadvantage. 
The  utmost,  however,  that  I  am  willing  to  do,  is  to  refer  the  matter  back  to 
the  local  authorities,  empowering  them  to  reverse  tlieir  action  if  the  circum- 
Btances  of  the  case  seem  to  demand  it.  Per  E.  W.  Keyes,  Acting  Superintend- 
ent, June  4,  1861. 

The  supervisor  and  town  clerk  cannot  net  with  the  coniniissioncr  in  altering  the  boiuidancs 
of  districts  luilcss  so  requested. 

This  ajipeal  alleges  that  the  town  clerk  and  supervisor  were;  ]ires('nt  and 
acted  without  autluu'ity,  at  a  meeting  to  alter  the  bounilarii'S  of  certain  dis- 
tricts, not  having  been  re(iuested  to  act  with  the  connnissionor  by  tlie  trustees 
of  either  district  affected.  Tliis  sutliciently  disposes  of  the  order,  tor  tin;  town 
officers  could  not  ac(iuire  jurisdiction  ^vitllout  the  request  of  tlu;  Irnstees, 
and,  without  jurisdiction,  tlieir  action  is  void.  Per  H.  II.  Van  Dyck,  Sui)erin- 
tcndent,  December  15,  1800. 

The  consent  of  trustees  to  an  alteration  of  their  district  requires  a  nieetinc:,  and  the  fact  of 
a  incetiiig  should  l)c  set  forth  in  ilie  written  consent  u'iven. 

This  is  an  appeal  from  the  order  of  the  scliool  commissioner  altering  the 
boundaries  of  the  district. 

The  order  is  issued  ujion  the  ai^plication  of  two  parties  int(;rested,  and  ufwin 
the  written  consL-nt  of  two  of  the  trustees,  one  of  whom  is  a  party,  desiring  to 
be  set  off  Ijy  said  order  to  another  (listri(;t. 

Section  7,  of  cha])ter  l.Tl,  Laws  of  18-')8,  provides  as  follows:  "Any  two 
trustees  of  any  school  district  may  malie  any  order  or  transact  any  business  in 
execution  of  tlu'  jxiwers  conferred  upon  said  board  of  trustees  by  law  ;  provided 
it  shall  appear  iii  the  order  of  proceeding  iUed  by  them,  that  all  the  trustees  of 


Formation  and  Alteration  of  Districts.  323 

the  district  met  and  deliberated  on  the  subjects  emhraced  in  each  order  or  pro- 
ceeding, or  were  duly  notified  to  attend  a  meeting  of  the  trustees  for  the 
purpose  of  deliberating  thereon." 

No  such  meeting  or  notice  appears  upon  the  face  of  the  proceedings  in  the 
present  instance.  Tliere  was,  tlierefon;,  no  evidence  before  tlb^  commissioner 
Butlicient  to  authorize  him  to  nuike  the  order  of  alteration.  Tlio  commissioner 
acted  under  a  misa])i)reliension  and  the  consent  of  the  trustees,  which  he  sujv 
]iosed  genuine  and  valid,  lacks  every  requisite  that  could  make  it  bin<ling  upon 
him.  The  order  is,  therefore,  set  aside.  Per  II.  II.  Van  Dyck,  Superintendent, 
August  27,  18G0. 

Order  altering:  district  boundaries  will  be  set  aside  when  tlic  new  boundaries  arc  not 
delined  by  other  lines  than  farms  described  by  the  names  of  the  occupants. 

An  objection  to  the  order  appealed  from  is  that  the  boundaries  are  not 
pro])erly  defined.  I  regard  the  objection  as  well  taken.  Boundaries  should 
be  defined  by  known  established  monuments  and  marks,  tliat  survive  the 
chances  and  changes  that  transpire  in  the  ownership  of  the  soil.  Boundaries 
by  men's  farms  or  other  transitory  and  perishable  lini's,  however  significant 
and  ch'arly  understood  at  the  time,  are  perpetually  subject  to  the  changes  and 
vicissitudes  of  life,  and  the  roving  and  commercial  spirit  of  our  age,  and  in  a 
few  years  become  vague  and  uncertain,  as  the  memory  of  men  and  the  title 
to  their  i)osscssions  pass  away.  This  vagueness  and  uncertainty  concerning 
the  actual  boundaries  of  districts  whoso  lines  have  been  run  to  coincide  with 
farms  that  have  afterward  been  cut  up  into  smaller  lots,  or  consolidated  with 
other  farms,  whereby  the  original  boundaries  have  become  obliterated,  is  a 
fruitful  source  of  contention,  strife  and  litigation  in  school  districts.  This 
department  has,  therefore,  acted  upon  the  policy  of  setting  aside  the  action  of 
scho.jl  odicers,  in  the  alteration  of  districts,  where  this  principle  of  defining 
boundaries  by  proper  monuments  and  prominent  landmarks  is  disregarded. 
Per  II.  H.  Van  Dyck,  Superintendent,  January  31,  18G0. 

An  order,  cleflning  the  boundaries  of  a  district,  not  intended  as  nn  alteration,  and  made 
under  an  evident  or  probable  misapprehension  of  facts,  will  be  vacated. 

As  in  matters  of  this  kind,  where  the  interests  of  individuals  are  considera- 
bly involved,  it  is  but  simple  justice  that  they  be  preserved  from  the  conse- 
quences of  error,  or  doubt,  or  misapprehension ;  and  finding,  as  I  do,  from 
the  evidence,  a  liability,  not  to  say  a  strong  probability,  of  such  a  niisap- 
]irehension  on  the  part  of  the  board,  I  am  disposed  to  give  the  api)ellant  tha 
benefit  of  the  doubt  there  may  be  of  the  correctness  of  the  conclusions  arrived 
at,  and  the  order  of  the  board  for  the  alteration  of  the  district  is  hereby 
vacated,  and  the  matter  is  referred  again  to  the  proper  officers,  to  take  such 
further  and  future  action  as  may  be  deemed  expedient.  Per  E.  W.  Keyes, 
Deputy  Superintendent,  July  29,  1859. 

Whore  it  is  proved  that  notice  of  an  alteration  has  not  been  given,  and  the  .same  has  not 
been  recognized  or  acted  upon,  the  order  for  such  alteration  will  bo  vacated. 

It  appears  that  in  1850,  the  town  superintendent  re-organized  the  districts, 
and,  in  so  doing,  changetl  the  boundaries  of  districts  No.  9  and  No.  15.  The 
trustees  of  No.  9,  in  the  year  1850,  swear  positively  that  no  notice  was  ever 
served  upon  them  of  any  such  alteration,  and  it  is  further  shown  that  both 
districts  have  ever  acted  in  ignorance  of  such  alteration. 

The  giving  notice  of  any  alteration  is  indispensable  to  its  completeness.  Aa 
the  evidence  here  is  conclusive  that  no  notice  ever  was  given,  the  order  referred 
to  is  hereby  vacated. 

Had  tin:  alteration  made  in  1850  been  recognized  and  acted  upon,  this  would, 
of  itself,  have  been  regarded  as  sufficientlv  conclusive  evidence  of  notice.  Per 
II.  II.  Van  Dyck,  Superintendent,  July  28,"  1859. 


324  Formation  and  Alteration*  of  Districts. 

Commissioner  justified  in  ofTei'ing  the  alternative  to  a  district,  to  build  a  new  school-house 

iir  be  annulled. 

It  is  represented  tliat  the  commissioner,  in  an  early  visitation  of  tlie  district, 
suggested  the  necessity  of  their  buildino;  a  new  school-house,  the  old  one  being 
altogetlier  unsuitable  for  a  school.  So  important  was  it  esteemed  by  him,  that 
he  assured  them  that  unless  they  would  build  a  house,  he  would  annul  the 
district.  That  was  equivalent  to  saying  that  if  they  possessed  too  little 
vitality — too  little  interest  in  school  matters — or  were  too  poor  and  feeble  to 
furnish  a  good  school-house,  it  was  evidence  conclusive  to  his  mind  that  the 
district  ought  to  be  annulled. 

In  this  ])osition  the  commissioner  was  right.  Per  H.  H.  Van  Dyck,  Superin- 
tendent, j\Iay  13,  1859. 

Ab:!encc  of  the  record  of  the  formation  of  a  district  is  iint  material  when  such  formation 
is  otherwise  conclusively  established. 

On  an  ni>peal  by  the  trustees  of  district  No.  28,  from  the  proceedings  of  the 
trustees  of  district  No.  6  adjoining,  the  following  facts  apjjcar :  That  district 
No.  28  wns  organized  by  act  of  the  school  commissioners  in  184o,  being  formed 
in  part  fnmi  district  No.  G.  Ample  evidence  is  adduced  to  show  that  the 
district  was  duly  formed  by  the  jiroper  officers,  and  with  the  consent  of  the 
trustees  of  the  districts  from  which  it  was  taken.  By  some  mischance, 
the  order  forming  the  said  district  was  never  recorded  in  the  town  clerk's 
ofRce,  and  the  trustees  of  district  No.  G,  in  making  out  their  tax  lists,  had 
assessed  the  property  belonging  to  their  district,  as  defined  by  the  record, 
thereby,  of  course,  including  tlie  territory  and  inliabitants  set  off  to  No.  28. 
From  this  action  the  trustees  of  district  No.  28  a])peal. 

The  record  not  being  a  part  of  tlie  act  itself,  but  only  evidence  of  it,  its 
absence  is  not  material  when  the  act  can  be  proved  by  other  conclusive  or 
satisfactory  evidence.  Such  being  the  case  in  the  present  instance,  the  evi- 
dence of  the  formation  of  district  No.  28,  is  conclusive  in  the  absence  of  tho 
record.    Per  E.  W.  Keyes,  Deputy  Superintendent,  May  G,  1859. 

An  order  consolidating  districts  will  not  be  set  aside  on  the  ground  that  the  inhabitants  of 
one  of  the  districts  are  nearly  unanimously  opposed  to  it. 

This  is  an  appeal  from  an  order  of  the  school  commissioner  consolidating 
district  No.  8  with  joint  district  No.  G.  The  principal  grounds  upon  which 
the  appellants  claim  a  reversal  of  the  order  are  that  a  large  majority  of  the 
inhabitants  of  the  new  district  are  opposed  to  consolidalion. 

The  wishes  and  convenience  of  tlie  inhabitants  of  a  school  district  should 
not  be  wantonly  or  unnecessarily  opposed.  Still,  it  is  a  jiopular  and  prevalent 
misapprehension  that,  in  the  organization  or  alteration  of  school  districts,  tho 
voice  of  a  majority  of  those  intc^rested  or  aflccted  must  necessarily  prevail. 
Only  u]ion  the  supposition  of  one  or  the  other  of  the  following  conditions 
would  th(!  ])ursuance  of  such  a  policy  bo  safe  or  just :  First,  that  the  district  is  a 
community  supporting  its  school  wholly  with  its  own  means;  or,  second,  that 
the  yiromolion  of  the  wishes  of  the  inhabitants  shall  be  perfectly  compatible 
with  the  conservation  of  a  just  and  libi-ral  policy,  embracing  in  its  ojieration 
0.11  the  districts  in  the  State.  Tlu;  first  of  these  conditions  is,  of  course,  never 
realized  in  otir  system,  and  tlie  evidence  is  such  as  to  show  that  the  second 
condition  is  not  realized  in  tin;  second  case. 

The  appeal  for  a  reversal  of  the  order  of  the  commissioner  cannot,  therefore, 
be  favorably  entertained ;  and  the  order  must  be,  and  hereby  is,  aliirmed. 

The  princi]ile  here  involved,  of  sanctioning  the  consolidation  of  districts 
whenever  their  separate  existence  must  be  maintained  at  an  undue  ]iul)lic  sac- 
rifice, except  in  those  isolated  instanci'S  where  tlie  Ki)arscness  of  population  and 
limited  assessed  valuation  render  tluun  proper  ol)j(;cts  of  public  charity,  is  of 
general  apidication,  and  may  bo  regarded  as  a  ])recedcnt  which  the  depart- 
ment will  foHow  whenever  similar  issues  are  presented.  Per  H.  II.  Van  Dyck, 
Superintendent,  February  24,  1859. 


FoRJrATION^    AND    AlTEUATIOX    OF    DISTRICTS.  325 

Where  certain  clutics  are  reqiiirod  of  public  officer?,  their  performance  will  be  presumed, 
unless  the  coutniry  i.*  shown. 

The  general  doctrine,  that,  where  certain  duties  are  required  of  public  officers, 
their  pertbrmiince  will  be  presumed  unless  the  contrary  is  shown,  is  too  well 
established  to  admit  of  question. 

In  the  decisi')n  of  Superintendent  Spencer,  as  found  on  page  8,  old  Code  of 
Public  Instruction,  he  excepts  from  this  doctrine,  in  jj'neral  terms,  those  cases 
in  whicli  the  duty  enjoined  is  a  subsetpient  or  final  act,  desiufuod  to  givb 
validity  to  certain  primary  proceodings.  He  says,  to  quote  his  own  words,  that, 
"  The  doctrine  of  presumption  applies  only  to  those  cases  where  tlie  act  in 
question  should  have  been  performed  in  the  regular  and  ordinary  courso 
previous  to  the  final  act,  and  was  necessarily  incidental  to  it ;  as,  after  a  salo 
upon  execution,  a  levy  will  bo  presumed,"  etc. 

Now,  with  how  much  soever  force  and  pertinence  and  justice  this  construc- 
tion of  the  doL'trine  of  presumption  may  liave  been  applied  in  the  particular 
case  under  consideration,  by  the  Hon.  Superintendent  at  that  time,  I  must 
dissent  from  it  as  of  o-eneral  utility  and  propriety,  and  as  not  san'-tioned  by 
the  uniform  ruling  of  the  highest  judicial  authority  in  England  and  this 
coimtry.  In  a  somewhat  extended  review  of  the  cases  in  whicli  this  doctrine 
is  applied,  I  have  been  unable  to  find  anywhere  the  distinction  above  referred 
to,  and  here  sought  to  be  made  paramount. 

In  3  East.,  192.  the  doctrine  of  presumption  in  favor  of  the  discharge  of  duty, 
on  the  part  of  a  public  officer,  is  fully  discussed  ;  and,  in  that  case,  tlie  duty  to 
be  perform  el  was  a  final  act,  indeed,  a  singdj  act  only  the  performance  of  which 
would  make  certain  parties  responsible  for  any  neglect.  Here  it  was  presumed 
that  the  officer,  whose  duty  it  was  to  give  a  certain  notice,  had  given  such 
notice  ;  and  it  was  held  that  the  parties  interested  in  overcoming  this  pre- 
sumption must  produce  tlie  proof  positive  that  the"  njtice  required  had  not 
been  given,  or  else  the  doctrine  of  presumption  must  prevail. 

Tins  casj  is  continually  referred  to  by  our  courts  as  standard  authority 
upon  the  doctrine  of  pi-esumption,  and  it  appears  to  me  so  sweeping  and 'con- 
clusive, as  to  leave  to  the;  opinion  of  Mr.  Spencer  very  little  force  as  the  asser- 
tion of  an  essiUitial  and  prevalent  legal  principle.  Per  II.  H.  Van  Dyck,  Super- 
intendent, February  21,  18o9. 

Where  the  trustees  have  piven  their  consent  to  an  order  annulling  a  ilistrict,  there  U 
nothing  in  the  proceedings  which  can  be  stayed  by  an  appeal. 

On  an  ai)peal  from  an  order  of  the  commissioner  annulling  a  certain  district 
and  annexing  it  to  otlu^rs,  it  was  held  that  there  was  nothing  in  the  proceed- 
ings to  be  stayed  by  the  appeal,  for  the  order  of  the  commissioner  had  already 
taken  effect,  and  the  only  question  was  not  -wdiether  it  should  be  jire vented 
from  taking  elU'Ct,  as  it  would  have  been  if  the  trustees  had  not  given  tluiir 
consent,  but  whetlusr  the  order  should  be  reversed  and  the  former  condition  of 
things  restored.     Per  H.  II.  Van  Dyck,  Superintendent,  January  17,  LS5!). 

Where  an  order  has  once  been  made  by  a  town  superintendent  annulling  a  certain  school 
district,  which  said  order  ha^  never  been  enforced,  though  duly  recorded,  it  may  be 
enforced  upon  the  demand  of  competent  authority. 

In  the  year  185.3  an  order  was  issued  by  the  town  superintendent  (school 
commissioner)  annulling  district  No.  4  of  tliat  town,  which  order  was  duly 
recorded  in  the  town  clerk's  office.  He  failed,  however,  to  complete  tlie  work 
commenced,  by  annexing  the  territory  of  the  late  district  to  those  immediately 
surrounding. 

Disregarding  this  incomplete  action  of  the  town  superintendent,  the  inhab- 
itants of  No.  4  still  continued  to  act  as  a  district,  kept  up  a  scho.ol,  reported 
pui)ils,  drew  public  money,  and,  by  the  local  olficers  and  by  this  department, 
v/ere  recognized  as  a  district  down  to  the  present  tim:3.  Tlio  order  of  the 
town  superintendent,  before  alluded  to,  has  been  held  in  abeyance,  been  sus- 
pended, by  the  subsequent  action  of  the  district  and  the  local  officers ;  but  it 


326  FOEMATION   AND    ALTERATION    OF   DISTRICTS. 

has  not  been  revoked  thereby,  but  still  remains  vital,  to  be  enforced  upon  the 
demand  of  the  competent  authority.  Per  E.  VV.  Kcyes,  Deputy  Superintend- 
ent, January  22,  1859. 

Where  the  presumption  is  in  favor  of  the  regularity  of  proceedings  in  the  alteration  of  dis- 
trict boundaries,  the  order  making  such  alterations  will  be  sustained. 

On  appeal  from  an  order  of  the  town  superintendent  defining  and  altering 
the  boundaries  of  the  district,  it  was  liM,  that  "  only  upon  the  presumption  of 
a  doubt  conccrnincr  the  legal  validity  of  the  order  appealed  from  can  the  ques- 
tion, as  an  original  issue,  be  entertained  by  this  department."  In  the  present 
case  the  record  is  found  duly  made  in  the  town  clerk's  office,  and  upon  a  map 
prepared  under  the  direction  of  the  town  authorities  the  boundaries,  as 
described  in  said  record,  are  properly  delineated.  The  testimony  is,  therefore, 
BO  strong  as  to  be  nearly  conclusive,  and  the  evidence  to  the  contrary,  being 
only  negative,  is  entirely  insufficient  to  rebut  the  presumption  already  estal> 
lished. 

The  orders  of  the  town  superintendent  are,  therefore,  declared  valid,  and  the 
appeal  dismissed.     Per  E.  W.  Keyes,  Deputy  Superintendent,  August  27,  1858. 

Where  trustees  were  misinformed  as  to  the  extent  of  the  powers  of  town  officers  in  a 
proceeding  for  the  alteration  of  the  boundaries  of  a  school  district,  and,  consequently, 
neglected  to  exercise  those  powers,  the  order  of  the  commissioner  in  the  proceeding 
will  be  set  aside. 

It  appears  that,  owing  to  the  opinion  expressed  by  the  commissioner  that 
each  town  of  a  joint  district  had  but  one  vote  on  the  question  of  alteration,  the 
trustees  neglected  to  notify  the  town  clerks  of  their  respective  towns  to  meet 
with  the  supervisor  and  commissioner  in  acting  upon  the  subject.  They 
therefore  claim  that,  being  misled  by  this  expression  of  opinion,  the  question 
has  not  been  fairly  adjudicated,  and  request  that  it  be  referred  back  for  review 
by  a  full  board. 

The  department  is  disposed  to  concxir  in  the  views  of  the  trustees.  Labor- 
ing under  a  misapprehension  naturally  and  honestly  entertained,  and  failing 
to  avail  themselves  of  all  the  advantages  which  the  statute  confers.  I  conceive 
that  they  are  entitled  to  the  interposition  of  this  department  in  their  behalf. 

The  matter  is,  therefore,  referred  back  to  the  commissioner,  with  directions 
to  give  notice  of  a  meeting  for  the  purpose  of  reconsidering  the  order  already 
made.     Per  E.  \V.  Keyes,  Deputy  Superintendent,  July  21,  1858. 

Where  a  contract  has  been  made,  under  authority  of  the  district,  to  build  a  school-house, 
and  a  subsequent  meeting  votes  to  change  and  build  on  a  new  site,  directing  the  trustees 
to  pay  any  damages  claimed  by  the  contractor  on  account  of  the  change  in  location, 
such  action  confers  dangerous  powers  on  the  trustees,  and  is,  therefore,  unlawful. 

A  special  meeting  voted  to  build  on  the  old  site,  and  a  tax  of  $oOO  was  voted 
and  the  trustees  directed  to  prosecute  the  work.  At  a  meeting  of  the  trustees, 
pursuant  to  public  notice,  for  the  purpose  of  considering  proposals  for  building 
the  school-house,  a  petition  was  ])resented  to  the  trustees,  signed  by  a  respect- 
able number  of  inhabitants,  asking  that  a  special  meeting  be  called  for  tho 
purpose  of  changing  the  site.  The  trustees,  not  feeling  at  liberty  to  deny  the 
petition,  called  a  meeting.  In  tho  mean  time,  however,  under  the  instruction 
of  the  previous  meeting,  they  entered  into  a  contract  for  the  building  of  tho 
house  on  the  old  site. 

At  the  subsequent  meeting,  the  trustees  remonstrated  against  any  action 
being  had  on  the  subject  of  removing  tlu;  site,  for  tlie  reason  tliat  a  contract  to 
build  on  tlie  old  site  had  already  been  made.  -•  But  the  meeting  voted  to  change 
the  site,  and,  at  the  same  time,  voted  to  raise  a  sufficient  tax  to  indemnify  the 
contractor  against  all  damages  sustained  by  him  in  modifying  the  terms  of  his 
contract. 

Ildd,  that,  in  thus  directing  the  trustees  to  indemnify  the  contractor,  tho 
district  conferred  unauthorized  and  dangerous  powc^rs  upon  the  trustees, 
whereby  the  rights  and  interests  of  the  district  were  imi)eriled. 


Formation  and  Alteration  of  Disthicts.  327 

The  power  to  levy  a  tax  for  imajrinary  expenses,  to  incur  liabilities  to  an 
indefinite  extent,  is  not  among  those  which  the  statute  confers  on  district 
meetings  ;  still  less  can  such  power  be  del(!gated  to  trustees. 

I  must,  therefore,  pronounce  the  action  of  tlie  meeting  upon  a  change  of  site 
void.     Per  H.  H.  Van  Dyck,  Superintendent,  May  2'J,  18oS. 

Regularity  of  notice  to  trustees  of  intention  to  define  boundaries  of  district. 
Power  of  arbitrators  over  alterations  of  dlbtricts. 

It  has  been  decided  by  this  department  that  an  arbitration  between  iho 
trustees  of  a  school  district  and  a  person  having  a  claim  against  it  is  proper 
and  legal,  and  the  award  binding  on  both  parties.  {(JLd  Coda  of  Public  Instruc- 
tion, page  22.)  It  cannot  be  supposed  that  this  decision  was  intended  to  confer 
upon  arbitrators  higher  jxjwers  than  the  law  confers  upon  trustees  or  upon  the 
district,  nor  to  bring,  within  the  j  urisdiction  of  the  former,  questions  upon  which 
the  latter  are  incompetent  to  pass.  They  are  competent  to  determine  individ- 
ual cases  of  controversy  relative  to  matters  which,  if  no  disputes  were  to  arise, 
the  trustees  or  the  di.strict  would  be  authorized  to  decide  or  adjust;  but  they 
c.innot  be  invested  with  general  powers  to  make  awards  that  shall  control 
future  action  ;  they  canntrc  establish  preced.'uts  of  binding  obligation,  still  less 
can  they  usurp  powers  specially  conferred  upon  a  particular  class  of  officers, 
and  render  ultimate  decisions  which  are  wholly  and  only  within  the  purview 
of  other  authorities.  The  law  has  defined  how  and  by  whom  the  boundaries 
of  districts  are  to  be  fixed,  determined  or  altered.  The  judgment  of  an  arbi- 
tration, upon  ■}.  collateral  issue,  may  assume  what  are  the  boundaries  of  a  dis- 
trict, but  it  canaot  establish  them  as  such,  except  for  the  purpose  of  the  partic- 
ular issue  presented.  It  cannot  reach  forward  into  the  future  and  determine 
other  issues  by  the  same  assumptions. 

***■»* 

The  notice  of  a  meeting  of  commissioners  to  establish  or  define  the  bounda- 
ries of  a  district,  when  served  upon  the  trustees  of  the  district  affected,  mu.st 
be  signed  by  the  commissioners  themselves.  It  is  not  good  if  signed  l)y  the 
trustees  of  another  district.     Per  H.  H.  Van  Dyck,  Superintendent,  May  4, 1858. 

An  order  for  the  alteration  of  a  pchool  district,  made  by  a  board  of  local  officers  convened 
for  that  purpose,  should  be  !-i:fned  by  a  majority  of  such  board.  Otherwise  it  is  irregular 
upon  its  race,  not  showing  jurisdiction. 

Exception  is  taken  to  an  order  altering  the  boundaries  of  the  school  district, 
which  is  signed  by  only  half  of  the  board  convened  for  the  purpose  of  making 
such  altei'atiou. 

The  irregularity  is  ofross  and  palpaisle.  The  half  of  a  board  cannot  is.sue 
an  order,  and  justify  their  action  liy  a  vote  of  the  majority,  as  was  done  in  the 
present  case,  but  the  majority  must  issue  the  order.  The  vote  is  but  a  means 
to  determine  the  will  of  the  board  ;  the  order  is  the  act  whereby  the  alteration 
is  effected,  and  must  carry  upon  its  face  conclusive  evidence  of  its  authority. 
Sucli  is  not  the  case  in  the  present  instnnce.  I  cannot  approve  the  irregulari- 
ties attending  the  proceedings,  and  feel,  therefore,  compelled  to  annul  the 
order.    Per  H.  H.  Van  Dyck,  Superintendent,  March  23,  1858. 

Individual  opposition  to  a  measure  of  public  utility  should  be  duly  considered,  but  should 
be  allowed  to  have  weight  only  as  it  lias  a  f.abstautlal  t'oundatiun  in  reason  and  justice. 

That  due  regard  should  be  paid  to  the  wishes  and  convenience  of  the  inhab- 
itants to  be  afft'Cted  liy  the  alteration  or  consolidation  of  district?,  will  be  admit- 
ted without  argument.  That  the  wishes,  the  convenience  and  the  interests, 
pecuniary  and  general,  of  itidi\idcal3  ami  jf  the  minority,  must  occasionally 
give  place  to  higher  considerati(ms  of  public  convenience  and  general  good,  is 
ecjually  true  and  obvious.  While,  therefore,  individual  ojiposition  to  measures 
of  jniblic  utility  should  be  duly  considered,  that  opposition  should  be  allowed 
to  have  weight  only  as  it  has  a  substantial  foundation  in  reason  and  justice. 
A  merely  factious  opposition,  a  dogged  and  persistent  obstinacy,  founded  on 


328  *  Library  —  Meetings. 

Belfislmess  or  feeling  or  willfulness  or  some  fancied  illusion,  cannot  be  success- 
fully urged  to  defeat  any  public  purpose,  good  and  desirable  in  itself.  It  is  not 
the  "fact  of  opposition,  but  the  occasion  for  it,  that  is  to  be  considered.  Per  H. 
H.  Van  Dyck,  Superintendent,  March  5,  185b. 


LIBRARY. 

That  part  of  the  district  library  purchased  with  money  raised  by  tax  upon 
the  district  may  be  sold.     Per  Spencer,  September  17,  1839. 

Trustees  may  excliange  old  library  books  for  new  one?. 
Trustees  of  districts  may  legally  exchange  old  books  belonging  to  the  dis- 
trict library  for  new,  ])aying  the  diflerence,  if  any,  in  price,  from  the  library 
monev.     Per  S.  S.  Randall,  Deputy  Superintendent  of  Public  Instruction,  April 
20  1854.  {Ldkra,  vul.  l,p.  M.) 

In  regard  to  exchanging  library  books. 
No  objection  might  be  raised,  if  a  district  so  determine  by  unanimous  vote,  to 
the  exchanging  of  books  in  a  library  for  others  more  appropriate  to  the  wants 
of  the  people.     Per  V.  M.  Rice,  Superintendent,  September  8,  1854.  {Letters, 
vol.  l,p.  281.) 

A  part  of  a  district  set  off  to  another  is  not  entitled  to  a  share  of  the  library. 
Where  a  portion  of  a  district  is  set  off  to  another  district,  the  portion  thus 
set  off  has  no  claim  to  a  proportionate  share  of  the  library  of  the  old  district, 
unless  there  was  a  special  agreement  to  that  effect.     Per  V.  M.  Rice,  Superin- 
tendent, January  lo,  1866.  {Letters,  vol.  5,  p.  64.) 

District  librarian  is,  by  law,  entitled  to  no  compensation  for  his  services. 
The  district  librarian  is,  by  law,  entitled  to  no  compensation  for  his  services, 
and  the  district  has  no  authority  of  law  for  voting  at  the  annual  meeting  a  tax 
to  pay  for  such  services.  (See  section  16,  title  7,  chajiter  555,  Laws  of  1864.) 
Per  V.  M.  Rice,  Superintendent,  September  23,  18G5.  {Letters,  vol.  4,  p.  267.) 

That  part  of  district  library  which  was  purchased  by  a  tax  on  property  of  district  belongs 
to  district,  and  may  be  disposed  of  l)y  its  voters,  as  they  shall  direct.  IJut  that  part 
bought  with  public  "money  belongs  to  the  State,  and  the  district  cannot  sell  it. 

That  part  of  tlio  district  library  which  has  been  ]iurchased  by  a  tax  upon  tho 
property  of  tlu^  district  belongs  unqualifiedly  to  tho  district,  and  may  be  dis- 
posed of  by  the  voters  thcniof,  as  tliey  may  si>e  fit  to  direct.  But,  in  that  which 
has  been  jiurcliasi'd  with  tlic  ])iiblic  money  a]>portioned  to  the  district,  it  has 
only  a  (lualilied  property.  Tliis  portion  of  the  library  really  belongs  to  tho 
State,  and  the  district  is  the  bailee  and  not  the  owner  of  it.  As  such  bailee,  it 
has  no  ])ower  to  sell  or  otherwise  dispose  of  the  library.  Per  V.  M.  Rice,  Super- 
intendent, November  23,  1865.  {Letters,  vol.  4, 2'.  552.) 


MEETINGS. 


Verbal  notice  to  clerk  to  call  a  district  meeting  is  stifiiciont.  A  trustoo  who 
attends  cannot  object  that  he  did  u(jt  authorize  the  call.  Per  Dix,  November 
24,  1838. 

Notice  of  meetings  should  specify  the  objects  for  which  they  arc  called ;  but 
omission  is  not  fatal.  An  aggrieved  party  may  appeal.  Per  Spencer,  March 
7,  1840. 


Meetings.  329 

A  notice  given  by  the  district  clerk  for  a  meeting  is  le?al,  thonjh  the  directions  of  tho 
trustees  to  the  clerU  to  give  such  notice  were  verbal. 

A  special  nieotin;?  was  held  in  district  Xo.  5,  Lisbon,  St.  Lawrence  county, 
December  80,  I1SI8.  ])iir.suant  to  a  notice  p^iven  by  tho  clerk  for  the  purpose,  and 
the  site  of  t!ie  srhool-hoase  was  voted  to  be  chan^jcd. 

The  ai)i)ellants  object  to  tho  ]irocee(lin_!rs  of  thi;  nieetinfj,  because  the  notices  of 
the  nieetin<>'  by  tlie  district  cU>rli  were  upon  the  verbal  direction  of  the  trustees. 

If  the  district  clerk  ogives  the  proper  notices  for  a  special  nieetintj,  the  pro- 
ceedings of  that  meeting  will  not  he  held  to  be  illegal,  although  tho  trustees 
may  have  given  the  cli>rk  only  a  verbal  direction  to  give  the  notices. 

The  proceedings  of  the  meeting,  therefore,  are  legal  and  regular. 

Appeal  dismissed.     Per  Morgan,  IMarch  C,  18-19. 

The  cierk  of  a  district  has  no  power  to  authorize  any  person  to  give  notices  for  a  district, 
or  to  do  any  other  act. 

Tlie  trustees  of  district  No.  14,  Lockport,  called  a  special  meeting,  to  be  held 
on  the  2"3d  day  of  March,  1849,  and  directed  the  clerk,  of  the  district  to  give  the 
pro]H'r  notices. 

^lost  of  the  notices  were  given  by  a  son  of  the  clerk.  The  meeting  held  in 
pursuance  of  such  notice  is  alleged  to  be  illegal. 

It  is  the  duty  of  the  district  clerk  to  give  all  notices  for  school  meetings  in 
his  district,  and  in  case  of  his  refusal  or  of  a  vacancy  in  the  office  of  clerk  a 
trustee  may  give  them. 

But  the  clerk  of  the  district  has  no  power  to  authorize  any  other  person  to 
giv(^  tlie  notices  or  to  perform  any  other  duties  of  his  office. 

The  appeal  is  sustained,  and  the  proceedings  of  the  meeting  are  declared 
illegal  and  void.     Per  Morgan,  April  7,  1849. 

Where  there  is  a  dolil)eratc  omission  to  notify  any  taxable  inhabitant  of  a  special  district 
meetinir,  at  which  a  tax  is  voted  to  change  site  and  build  a  new  school-house,  this  depart- 
ment will  hold  the  tax  list  inoperative  as  to  those  so  omitted  to  be  notified. 

The  ai/pellants  were  set  off  to  district  No.  8  on  the  ITtli  of  January  last,  by 
an  order,  to  take  effect  on  the  1st  day  of  May  instant.  After  the  nuiking  of 
this  order,  several  im-etings  were  held  in  district  No.  4,  of  which  the  appellants 
had  no  notice,  and  wliich  they  did  not  attend,  under  an  apparent  belief,  on  all 
bands,  that  tliey  had  ceased  to  be  voters  in  that  di.strict.  At  these  meetings, 
the  s'te  of  No.  4  was  changed  to  a  i)oint  more  remote  from  the  appellants  than 
its  for-ner  situation,  and  a  tax  of  !ji400  was  authorized  for  building  a  new  school- 
house.  On  tlie  9th  of  March,  three  of  the  appellants  were  served  with  a  writ- 
ten notice  that  a  meeting  of  joint  district  No.  4,  Scott  anil  Sempronius,  would 
be  held  on  the  IGth  of  that  month,  the  notice  not  specifying  the  object  of 
the  meeting.  At  tliat  nujeting,  resolutions  were  passed,  reciting  that  doubts 
were  expressiid  in  regard  to  the  legality  of  the  calls  of  the  meeting  before 
referred  to,  and  re-aOirming  and  adopting  the  votes  for  the  release  of  the  old 
site,  the  location  of  tlie  new  one,  and  for  a  tax  of  .$400.  Under  the  authority 
of  tjiis  last  mi;eting,  the  trustees  have  made  out  a  tax  list,  including  the 
appellants,  from  which,  and  from  the  proceedings  of  such  meeting,  the  latter 
appeal. 

The  facts  are  presented  upon  an  agreed  statement  signed  by  the  appellants 
and  trustees.  There  appears  to  have  been  a  deliberate  omission  to  notify  tho 
appellants  of  the  meetings  subsequent  to  January  17.  and  an  omission  to  give 
thiMU  a  notice  of  the  object  of  the  meeting  of  March  10,  which,  taken  in 
connection  with  the  manifest  injustice  of  subjecting  them  to  taxation  for  a 
school-house  from  which  they  are  to  receive  no  benefit,  are  sufficient  grounds 
for  declaring  the  tax  list  ino[)erative  as  against  tlusm. 

Tlie  appeal  is,  therefore,  sustained,  so  far  as  tlie  same  relates  to  the  tax  list, 
and  tlie  trustees  are  authorized  and  directed  to  correct  and  amend  the  same  by 
striking  out  the  names  of  the  appellants,  and  apportioning  the  amount  of  taxes 

42 


330  Meetings. 

assessed  to  them  upon  tlae  remaining  taxable  inhabitants  and  property  of  such 
district,  in  proportion  to  the  valuation  thereof.  Per  E.  P.  Smith,  Deputy 
Superintendent,  May  9,  1855. 


When  the  Inhabitants  of  a  school  district,  at  their  annual  meeting,  elect  trustees,  their  pro- 
ceedings will  be  held  legal,  although  such  election  is  made  by  a  small  minority  of  the 
inhabitants. 

This  is,  in  substance,  an  appeal  from  the  refusal  of  the  trustees  of  district 
No.  11  to  grant  an  order  upon  the  town  superintendent  for  a  portion  of  the 
public  money  belonging  to  the  district,  applicable  to  the  payment  of  teachers' 
wages  in  favor  of  a  duly  qualified  t.eacher  employed  by  the  appellants  while 
acting  as  trustees  under  color  of  a  legal  election  by  the  district,  and  who 
taught  in  the  school-house  of  the  district.  The  annual  meeting,  at  which  both 
sets  of  trustees  were  chosen,  was  notified  to  be  held  on  the  second  of  October, 
1843,  at  six  o'clock  P.  M.,  at  which  hour  five  inhabitants  only  were  in  attend- 
ance. They,  however,  organized  and  elected  district  officers  in  accordance 
with  law.  After  their  adjournment,  but  before  leaving  the  house,  the  residue 
of  the  inhabitants  came  in  and  insisted  upon  a  reorganization,  which  was 
accordingly  had,  without  the  participation,  however,  of  the  inhabitants  first 
assembled,  and  the  appellants  were  elected  trustees.  The  county  superintend- 
ent, having  been  consulted,  gave  his  opinion  that  the  latter  election  was  legal 
and  valid  ;  and,  in  accordaace  with  this  opinion,  the  appellants  proceeded  to 
employ  a  teacher  and  take  upon  themselves  the  discharge  of  their  official 
duties  without  opposition.  The  persons  first  elected,  however,  without  ques- 
tioning or  controverting  the  right  of  the  appellants  to  the  use  of  the  district 
school-house  and  the  control  of  the  district  property  generally,  employed  a 
teaclier,  who  taught,  under  their  direction  and  in  accordance  with  a  vote  of  the 
inhabitants  first  assembled,  in  a  private  house  in  a  part  of  the  district  remote 
from  the  school-house.  After  the  termination  of  botii  schools,  the  question  of 
the  legality  of  the  election  of  the  officiating  trustees  was  submitted  to  this 
department,  and  the  persons  first  elected  declared  to  be  the  only  legal  trustees. 
They  accordingly  took  possession  of  the  books,  papers  and  other  property  of 
the  district,  gave  an  order  for  a  portion  of  the  public  money  in  the  hands  of 
the  town  superintendent  in  favor  of  the  teacher  employed  by  them,  who  was 
duly  qualified,  and  refused  to  recognize  the  teacher  employed  by  the  appel- 
lants. From  this  refusal  to  recognize  the  teacher  employed  by  the  appellants 
the  present  appeal  was  brought. 

The  county  sif^jerintendent,  conceiving. himself  bound  by  the  prior  decision 
of  the  department  declaring  the  first  election  valid,  felt  it  his  duty  to  dismisa 
the  appeal  and  refer  the  rights  of  the  parties  to  the  department. 

Although  tliere  can  be  no  doubt  of  the  validity  and  legality  of  the  first  elec- 
tion, yet  the  official  acts  of  the  pers3ns  subsequently  chosen,  under  color  of  a 
legal  election,  and  who  took  upon  themselves  the  office  of  trustees,  will  be 
recognized  and  protected,  for  all  practical  purposes,  as  trustees,  until  the  decis- 
ion of  the  department  declaring  their  election  illegal  was  obtained.  Their 
employment  of  a  teacher  prior  to  such  a  decision  was,  therefore,  an  official  act, 
and,  inasmuch  as  the  teacher  contemporane  )usly  employed  by  the  legal 
trustees  has  been  paid,  and  there  still  remains  a  balance  of  public  money, 
applicable  to  the  payment  of  teachers'  wages,  in  the  hands  of  the  town  super- 
intendent, it  is  the  duty  of  the  trustees,  and  they  are  hereby  directed,  to  draw 
an  order  for  such  balance  on  the  town  sui)erlntendent,  in  favor  of  the  teacher 
80  employed  by  the  appellants,  while  acting  as  trustees  under  a  claim  of  a 
legal  (dection,  and  to  make  out  a  rate  bill  and  warrant,  in  tlu;  mode  prescribed 
by  law,  for  the  residue  of  his  wages,  against  the  inhabitants  who  sent  to  school. 
By  this  disposition  of  the  case,  it  is  conc(>ived  substantial  justice  will  be  done 
to  all  parties,  and  the  rights  of  none  infringed.  It  is  the  misfortune  of  the 
appellants  that  they  wore  not  more  punctual  in  their  atttuiJance  upon  the 
annual  meeting  of  the  district.     Per  S.  Young,  October  7,  1814. 


Meetings.  331 

It  is  the  dnty  of  the  trustees,  when  requested  by  a  respectaWo  number  of  the  taxable  inhab- 
itants of  their  tlistrict,  to  call  a  special  meetin;^  for  the  transaction  of  any  le^al  aud  proper 
busincsjs  wliich  such  petitioners  may  desire  to  bring  before  it. 

This  is  au  appeal  from  the  refusal  of  the  respondents  to  call  a  special  meet- 
ing of  the  inhabitants  and  lejjal  voters  of  the  district,  for  tlic  purpose  of  taking 
into  consideration  the  application  and  division  of  the  public  money  of  said  dis- 
trict on  the  request  of  twenty  taxable  inhabitants  thereof.  The  trustees,  in 
theif  answer,  set  forth  certain  facts  and  circumstances  existing  in  the  district 
which,  in  their  judgment,  justilied  them  in  declining  to  call  such  meeting  and 
in  making  such  disposition  of  tlie  public  money  as  they  should  deem  exi)edient. 

This  view  of  the  subject  cannot,  in  the  ojiinion  of  the  Superintendent,  be 
sustained.  It  is  the  duty  of  the  tru.stees  of  a  school  district,  whenever  rctjuested 
by  a  respectable  number  of  inhabitants  and  legal  voters  of  a  district,  to  call  a 
special  meeting  for  the  transaction  of  any  legal  and  proper  business  which 
such  inhabitants  may  desire  to  bring  before  it.  The  object  of  the  petitioners 
in  this  case  was  unquestionably  a  legal  and  proper  one.  Tlie  inhabitants  and 
legal  voters  of  the  district  are  authorized  to  make  such  disposition  of  the  pub- 
lic money  among  the  several  terms  of  the  school  as  they  may  judge  proper, 
and  it  is  only  when  they  omit  to  act  in  the  matter  that  thfc  trustees  are  emi)ow- 
ered  to  exercise  their  own  discretion.  If  an  improi)er  disposition  of  the  public 
money  is  made  by  the  inhabitants,  an  adequate  remedy  is  provided  by  appeal 
to  this  department.  The  circumstances,  therefore,  set  forth  by  the  trustees  in 
their  answer  were  insuificient  to  justify  them  in  their  refusal  to  call  the  special 
meeting  called  for.  The  trustees,  therefore,  are  hereby  ordered,  within  five 
daj-s  after  the  receipt  of  this  order,  to  cause  notices  to  "be  given  for  a  special 
meeting  of  the  legal  voters  of  the  district,  to  be  held  within  ten  days  thereafter, 
for  the  purpose  of  taking  into  consideration  the  application  aud  division  of  the 
public  money  of  said  district  for  the  ensuing  year,  etc.  Per  E.  W.  Leaven- 
worth, February  28,  1854. 

Where  an  adjournment  of  a  special  district  meeting:  is  had  for  a  period  of  more  than  one 
month,  notice  of  the  object  of  such  adjourned  special  meeting  is  necessary. 

The  appellant  in  this  case  seeks  to  set  aside  the  proceedings  of  an  adjourned 
school  meeting,  held  on  the  2d  day  of  July  last,  and  the  proceedings  of  the 
trustees  in  making  out  a  tax  list  to  collect  a  tax  voted  at  said  meeting. 

By  the  papers  before  me,  it  appears  that  a  meeting  was  held  on  the  2-lth  day 
of  ^lay  last,  for  the  ])urpose  of  selecting  a  site  and  voting  a  tax  for  building  a 
school-house.  This  meeting  was  adjourned  to  the  2d  day  of  July.  It  is  con- 
ceded by  the  trustees  that  no  notice  of  the  adjourned  meeting  was  given,  and 
they  claim  that  none  was  necessary.  The  omission  to  give  this  notice  is  one 
of  the  grounds  of  complaint  in  the  appeal. 

By  section  81  of  the  school  law  of  1847,  clerks  of  school  districts  are  required 
to  give  notice,  in  writing,  of  the  time  and  place  for  any  adjourned  district  meet- 
ing, when  the  sanu'  shall  be  adjourned  for  a  longer  period  than  one  month. 
From  this  section  it  is  manifest  tliat  notice  is  required  in  all  cases  where  a 
meeting  has  been  adjourned  for  more  than  one  month.  A  failure  to  give  such 
notice  would  be  fatal,  as  a  failure  to  give  any  notice  of  the  time  and  place  of 
holding  the  annual  meeting.  The  adjournment  in  this  case  exceeded  one 
month,  and,  therefore,  notice  of  the  meeting  should  have  been  given.  As  it 
was  entirely  omitted,  the  proceedings  were  irregular,  and  must  be  set  aside. 
Per  H.  S.  Randall,  October  6,  1853. 

Notice  of  the  object  of  an  annual  meeting  is  not  required  by  law.  Every  inhabitant  is  pre- 
sumed to  l<now  that  any  business  affecting  the  interest  of  the  district  may  be  transacted 
•without  special  notice  thereof. 

This  is  an  appeal  from  the  procedings  of  the  annual  meeting  of  a  district 
held  October  7,  1851. 

At  an  adjourned  annual  meeting,  held  in  the  district  Ajiril  7,  1851,  a  resolu- 
tion was  passed  to  change  the  site  of  the  school-house,  and  the  necessary  taxes 


832      ,  Meetings. 

Avore  voted  to  purchase  the  site  and  to  move  the  school-house.  The  proceed- 
in;:rs  of  this  mooting  are  presumed  to  liave  been  legah 

On  the  seventh  of  October,  1851.  the  annual  meeting  was  held.  Tlie  cus- 
tomary notices  for  an  annual  meeting  were  posted  in  the  district,  but  no  par- 
ticular business  was  specified  except  that  officers  would  be  elected. 

At  this  meeting  a  resolution  was  passed  reconsidering  and  rescinding  the 
proceedings  of  April  7,  1851,  so  far  as  related  to  the  change  of  site  for  the 
school-liouso  and  the  raising  of  taxes  to  defray  the  expenses' of  the  same. 

It  is  alleged  that  special  notice  should  liave  been  given  of  the  intention  to 
reconsider  the  proceedings  of  the  meeting  of  April  seventh  to  malie  the  pro- 
ceedings binding. 

Tills  department  has  always  maintained  the  rule,  and  the  law  prescribes, 
that  the  object  for  wliicli  a  s]}ecial  meetinj  of  a  district  is  called  shall  be  speci- 
fied in  tlie  notice  of  sucli  meeting.  But  an  annual  meeting  is  always  an  adjourned 
meeting.  It  is  not  necessary  to  give  special  notices,  as  every  inhabitant  of  the 
district  is  presumed  to  know  when  it  will  l)e  held,  and  also  that  any  business 
which  may  properly  come  before  any  district  ni'^eting  may  be  transacted  at 
this.  It  is  the  meeting  of  the  district,  and  every  inhabitant  is  bound  to  be 
present  to  promote  the  interests  of  the  district  as  well  as  to  protect  his  own 
rights. 

The  whole  business  of  the  meeting  of  A])ril  seventh  was  subject  to  review, 
and  it  was  competent  to  reconsider  and  rescind  the  whole  or  any  part  thereof, 
except  so  far  as  the  trustees  had  carried  out  tlie  vote  of  the  first  meeting,  or 
incurred  debts  or  repousibilities  under  it.     Per  Morgan,  December  30,  1851. 

Trustees  have  no  power  to  set  aside  or  invalidate  tlu  proceedings  of  a  district  meeting 
upon  the  assumption  that  they  were  illeiral. 

Though  illegal  votes  are  cast  at  such  meeting,  the  trustees  cannot  set  aside  the  proceed- 
ings.   The  remedy  is  by  appeal. 

On  tlie  first  day  of  October  last,  at  an  adjourned  meeting  of  the  taxable 
inhabitants  of  district  No.  2,  in  Belmont,  lield  for  the  purpose  of  locating  a 
Bite  for  the  school-liousu,  a  site  was  fixed  on  the  land  of  Winkley  and  Smith, 
and  the  sum  of  $300  voted  to  build  a  school-liouse  thereon.  A  confirmation 
and  renewal  of  the  vote  fixing  the  site  was  had  on  the  tliirtieth  of  November 
last,  at  a  special  meeting  of  the  district,  more  fully  attended  by  the  inlialjit- 
ants,  but  no  tax  was  voted  for  building  the  school-house.  On  tlie  fourteenth 
of  December  a  vote  was  adopted  locating  tlie  site  on  lands  of  E.  Stanton,  Jr., 
and  the  sum  of  $200  directed  to  be  raised  for  building.  On  the  eleventh  of 
January  last,  the  site  was  again  changed  to  the  lands  of  ^^'inkley  and  Smith, 
and  the  same  amount  voted  to  be  raised  for  l)uilding  the  school-house  thereon. 
Notwitiistanding  this  last  and  final  vote  of  the  district,  and  in  the  absence  of 
any  appeal  from  the  proceedings,  the  trustees  have  determined  to  apply  the 
tax  voted  to  build  a  house  om  Mr.  Stanton's  land,  on  the  allegation  that  au 
illegal  vote  was  received  at  the  last  meeting,  hy  means  of  which  the  vote  was 
invalidated  and  the  preceding  vote  remained  in  force,  and  from  this  determina,- 
ation  of  the  trustees  the  present  ajijieal  is  taken. 

If  any  of  the  proceedings  of  the  niecting  held  on  the  eleventh  of  January 
were  illegal,  the  apjjropriate  remedy  of  the  trustees  or  of  any  persons  aggrieved 
was  by  appeal  to  this  dei)artment.  It  is  not  within  tlieir  power  to  set  aside  or 
invalidate  those  proceedings  on  their  mere  assumption  of  sucli  illegality.  Tlio 
money  directed  to  be  raised  at  that  meeting,  in  the  absence  of  any  apjieal 
within  the  time  and  in  the  mode  prescribed  l)y  law,  must  be  applied  according 
to  the  vote  then  taken,  and  any  other  ap])lication  of  it  will  be  illegal  and 
invalid,  and  will  subject  ilu^  trustees  to  ijersonal  responsibility  to  the  district 
for  the  amount  so  expended,  and  to  the  forfeitures  and  penalties  prescribed 
by  law. 

The  allegation,  moreover,  of  the  trustees,  that  an  illegal  vote  was  cast  at 
the  meeting  referred  to,  by  which  the  result  was  changed,  is  wholly  unsup- 
ported by  the  facts  as  they  appear  from  the  papers. 


Meetings,  333 

The  proceedint^s  of  Mie  meeting  of  the  eleventh  of  January  arc,  therefore, 
hereby  confirmod,  and  the  trustees  directed  to  ai)i)ly  the  tax  voted  accordingly. 
Per  Morgan,  February  11,  1850. 

The  inhabitants  of  a  district  have  no  power  to  dissolve  or  annul  the  district. 

The  first  meeting  in  district  ><o.  9,  Lloyd,  UJs^ter  county,  was  held  August 
23,  1848,  at  wiiich  the  following  proceedings  w;-re  had  : 

A  chairman  and  cleric  pro  (em  were  chosen.  The  otRcers  of  the  district  were 
elected  and  a  site  for  the  school-house  designated.  During  these  proceedings 
some  difficulties  arose  unon  questions  of  order. 

A  motion  was  made  and  seconded  that  the  meeting  declare  the  district  to 
be  annulled,  which  the  chairman  refused  to  put,  when  the  mover  called  for  the 
ayes  and  noes,  and  dedareil  the  motion  to  be  carried. 

A  motion  was  then  made  to  adjourn,  but,  not  being  seconded,  the  chairman 
refused  to  put  it  to  vote. 

The  mover  called  the  ayes  and  declared  the  meeting  adjourned,  whereupon 
many  withdrew. 

Tlie  meeting  continued  its  organization,  and  transacted  business  after  the 
withdrawal  of  .some  of  tlie  inhabitants. 

Tlie  appellant  desires  that  the  proceedings  of  the  meeting  held  after  the 
motion  to  adjourn  was  made  be  declared  void. 

Tiie  motion  to  dissolve  the  district  was  entirely  out  of  order,  as  it  was  upon 
a  question  over  which  the  district  had  no  control.  A  motion  to  adjourn  can- 
not be  i)ut  to  vote  until  it  is  seconded.  The  chainnan  was,  therefore,  correct 
in  refusing  to  put  to  vote  either  of  these  motions. 

The  ajjpeal  is  dismissed,  and  the  proceedings  of  the  meeting  confirmed.  Per 
Morgan,  December  22,  1848. 

It  is  not  in  the  power  of  a  district  meeting  to  control  the  trnstees  in  the  exercise  of  their 
duty  of  prosecutinir  delinquent  predecessors  for  not  rendering  an  annual  account,  or  for 
not  payins?  over  a  balance  of  money  remaining  iu  their  hands."  A  resolution  attempting 
to  limit  their  power  in  this  respect  is  void. 

A  special  meeting  held  in  district  No.  18,  in  the  town  of  Sodus,  February 
22,  1848, 

Re-solved,  That  a  former  resolution  directing  measures  to  be  taken  to  collect 
certain  arrearages  alleged  to  be  due  from  former  trustees  should  bo  rescinded  ; 
and  further,  that  no  civil  proceedings  should  bo  commenced  by  the  trustees  of 
the  district  for  school  moneys  not  paid  over  by  former  trustees,  tmless  by  a 
special  resolution  of  the  district. 

Both  resolutions  mentioned  in  the  appeal  were  adopted,  under  a  misappre- 
hension of  tlie  i)owers  and  duties  of  the  inhabitants,  when  assembled  in  school 
district  meetings. 

Every  trustee  is  bound,  by  law,  yearly,  to  render  an  account  to  the  district 
of  the  moneys  received  and  paid  out  by  him,  and  to  file  said  account  with  the 
district  clerk,  and  also,  upon  going  out  of  office,  to  pay  over  any  balance  of 
money  remaining  in  his  hands  to  his  successors  in  office. 

For  any  neglect  or  refusal  to  render  such  account,  or  to  pay  over  such 
balance,  the  delinquent  forfeits  to  the  use  and  benefit  of  the  district  the  sum 
of  twcnty-fivf  dollars,  to  be  sued  for  and  renvered  either  by  his  successors  in 
office  or  by  the  town  sujjerintendent.  The  town  superintendent  (supervisor) 
may  also  sue  the  trustees  for  unpaid  balances  in  their  hands.  It  requires  no 
vote  of  the  district  to  authorize  such  suit  to  be  brought,  and  a  vote  directing 
sucli  suits  to  be  brought,  or  not  to  be  brought,  is  a  nullity.  Per  Morgan, 
March,  1848. 

An  estimate  of  expenditures  must  be  submitted  to  vote,  item  by  item. 
An  item  "  for  se.xton,  $.'iO"  held  to  be  illegal,  being  for  an  officer  and  purpose  unknown 

to  the  law. 

The  trustees  having  presented  an  estimate  for  several  heads  of  expenditure, 
amounting   in  the  aggregate  to   $1,800,  and  the  vote   having  been   taken 


■834  Meetings. 

thereupon  by  asking  eacli  inhabitant  when  he  deposited  his  ballot  for  district 
officers  whether  he  voted  "tax"  or  "no  tax,"  ^vithout  in  any  other  manner 
Bubraittintr  the  propriety  of  the  items  severally,  it  was  held  that  the  tax  payers 
have  the  right,  not  only  to  fix  the  amount  of  their  contributions,  but  to  specify 
the  precise  object  to  which  every  part  thereof  should  be  appropriated.  The 
question  should  be  submitted  to  them  in  such  a  form  that  every  one  may  have 
the  opportunity  of  offering  amendments  increasing  or  diminishing  the  amount 
to  be  appropriated  to  any  of  the  enumerated  objects,  or  of  striking  out.  The 
proceedings  not  liaving  been  conducted  in  such  a  way  as  substantially  to 
preserve  this  right,  but,  on  the  contrary,  apparently  to  subject  the  voters  to  the 
dilemma  of  voting  for  the  estimate  as  an  entire  proposition  or  voting  against 
every  part  of  it,  they  were  held  irregular,  and  were  annulled. 

One  of  the  items  in  the  estimate  being  "  for  sexton,  $50,"  it  was  held  that 
the  term  "  sexton,"  being  unknown  to  the  law  as  the  designation  of  any  district 
otFicer,  the  duties  expected  of  him  ought  to  have  been  so  defined  by  the  reso- 
lution as  to  show  upon  its  face  an  intention  to  appropriate  the  money  for 
services,  like  cleaning  the  school-house,  making  fires,  etc.,  which  are  legitimate 
objects  of  taxation.  It  is  not  competent  to  a  district  meeting  to  create  a  new 
oflfice  having  a  salary  attached  to  it,  though  it  is  competent  to  vote  compensa- 
tion for  serAices,  not  incumbent  upon  the  recognized  district  officers,  but  which 
are  pro])er  objects  of  expenditure.  Per  E.  P.  Smith,  Deputy  Superintendent, 
October  2,  1855. 

Proceedings  of  district  meeting  set  aside  on  account  of  fraud. 

On  an  appeal  from  the  proceedings  of  a  special  meeting,  it  appears  that,  at 
the  meeting,  several  arrests  of  legal  voters  were  made,  whereby  one  party 
obtained  an  improper  advantage. 

The  department  will  never  sanction  proceedings  tainted  with  such  fraudu- 
lent efforts  to  secure  an  advantage.  The  proceedings  of  one  of  the  parties  are 
marred  by  the  appearance  of  an  eifort  farther  to  gain  an  advantage  by  over- 
awing the  opposition  through  the  presence  and  threats  of  a  bully  and  fighter. 
The  department  will  ever  exercise  the  full  extent  of  its  powers  to  protect  and 
defend  those,  whether  in  a  minority  or  majority,  against  whom  such  infiueucea 
are  arrayed. 

The  proceedings  of  the  meeting  are,  therefore,  set  aside  and  a  new  meeting 
ordered  to  be  held.     Per  H.  H.  Van  Dyck,  Superintendent,  January  21,  1801. 

Absence  from  a  school  meeting,  because  it  was  supposed  the  business  of  electin":  a  trustee 
was  of  minor  importance,  will  not  justify  setting  aside  the  proceedings  of  sucn  meeting 
in  voting  a  tax. 

On  an  appeal  from  the  proceedings  of  a  district  meeting,  the  ground  of  com- 
plaint, as  stated,  is  tliat,  the  meeting  being  considered  of  "  nunor  importance," 
but  few  persons  were  present ;  and,  a  snutll  tax  having  been  voted  at  said 
meeting  to  defray  the  expenses  of  a  trustee  in  defending  a  suit,  it  is  asked  that 
the  proceedings  be  set  aside,  the  meeting  having  been  called  for  the  purpose 
of  electing  a  trustee. 

Whoever  looks  upon  the  election  of  a  trustee  as  of  "minor  importance" 
deserves  to  have  a  tax  levied  upon  him  at  cn-ery  meeting  in  the  district  until 
his  apprehension  of  having  the  best  men  in  the  district  elected  to  olHce  is  fully 
awakened. 

The  r(!asons  stated  for  setting  aside  the  proceedings  of  the  meeting  are 
insufficient,  and  the.  appeal  is,  tlierefore,  dismissed.  Per  V.  M.  Kice,  Superin- 
tendent, June  IG,  18G2. 

The  department  will  not  interfere  in  a  cane  in  which  an  order  of  the  department  could  have 
no  effect  to  change  the  condition  of  things  already  established,  and  will  not,  therefore, 
interfere. 

On  an  appeal  from  the  proceedings  of  a  special  meeting,  and  from  the  action 
of  the  trustees,  it  appears  that  thi;  school-house  site,  as  originally  granted,  was 
bounded  on  two  sides  by  lands  dedicated  to  public  use  as  a  burying-ground. 


Meetings.  335 

During  the  past  year,  a  new  school-house  was  built,  under  the  direction  of  tho 
trustees,  and  the  same  was  located  so  as  to  cover  a  portio:i  of  the  huryinij- 
grounds  referred  to.  At  a  special  mectiufj,  II.,  who  formerly  owned  and  dedi- 
cated to  public  use  the  lands  in  question,  ottered  to  dedicate  to  public  use,  for 
school  purposes,  a  portion  of  the  aforesaid  buryinjj-iJTound,  so  as  to  enlar>re  the 
Bchool-housc  site  suificiently  to  embrace  the  {!;rounds  upon  which  the  new 
Bchool-house  stood.  This  projiosition  was  accepted  by  the  meeting.  Tho 
trustees,  thereafter,  accepted  the  school-house  from  the  contractor,  and  made 
certain  i)ayments  thereon. 

The  appellants  ask  that  the  acceptance  of  the  addition  to  the  site  be  declared 
illegal  and  void,  and  that  the  contractor  be  directed  to  refund  the  money  paid 
to  him. 

This  is  one  of  those  cases  in  which  no  relief  can  be  afforded  by  this  depart- 
ment. 

The  simple  declaration  that  the  proceeding  in  relation  to  the  site  was  illegal 
would  have  no  force  or  eifect  to  change  in  the  least  the  condition  of  things 
already  established  by  the  fact  of  building  the  house  upon  a  portion  of  tlie 
lands  belonging  to  other  parties.  It  is  apparent  upon  the  face  of  the  com- 
plaint, that  the  action  on  the  part  of  the  said  H.  was  unauthorized,  and,  of 
course,  the  acceptance  by  the  district  amounts  to  nothing,  one  way  or  tho 
other.  But  there  is  nothing  which  this  deimrtment  can  do  to  relieve  tho 
district  from  its  embarrassment.  No  order  from  this  department  will  be  suffi- 
ciently potent  to  draw  the  money  from  the  pocket  of  the  contractor,  and  place 
it  again  with  the  trustees. 

Tlie  issues  are  of  a  nature  which  only  the  supreme  court  can  reach  and 
affect.  The  parties  aggrieved  are  those  interested  in  the  burying-ground,  and 
their  remedy  must  be  souglit  in  the  courts. 

Appeal  dismissed.     Per  V.  M.  Rice,  Sui)erintendent,  March  10,  1863. 

A  custom  of  delaying  the  orsanizatiou  of  school  meetinf;s  for  one  or  two  hours  after  the* 
rcnjular  time  has  no  sanction  in  good  usage. 

On  an  appeal  from  the  proceedings  of  a  special  meeting,  it  appears  that  tho 
meeting  was  called  for  six  o'clock  in  the  evening,  and  that  before  seven  o'clock 
the  meeting  was  organized,  seventeen  persons  being  present,  and  a  tax  of  two 
hundred  dollars  voted. 

The  aiipellants  ask  that  the  proceedings  of  the  meeting  be  annulled,  because 
the  meeting  was  organized  in  less  than  an  hour  after  the  time  for  whicli  it  was 
called,  it  being  alleged  that  it  is  customary  to  delay  the  organization  for  ono 
or  two  hours. 

If  the  custom  is  as  above  alleged,  it  is  well  that  a  practice  so  vicious  should 
be  abandoned.  There  is  no  worthy  justification  for  it.  Undue  haste  should 
not  be  countenanced :  but  a  delay  of  half  an  hour  can  hardly  be  regarded  as 
undue  haste.  This  department  can  do  nothing  to  put  aside  the  consequences 
of  a  neglect  so  inexcusable  as  that  of  the  appellants,  in  not  attending  at  tho 
appointed  hour  for  nuieting. 

Appeal  disnnssed.     Per  V.  M.  Rice,  Superintendent,  February  27,  1862. 

The  department  will  not  require  trustees  to  call  a  special  meeting  to  rescind  proceedings 
of  an  annual  meeting,  on  the  ground  that  the  appellants  were  not  present  at  such  annual 
meeting. 

On  an  appeal  from  the  refusal  of  the  trustees  to  call  a  special  meeting  as 
re(iu(>sted  by  certain  inhabitants  of  the  district,  it  ai)peurs  tliat  at  tlie  annual 
meeting  a  vote  was  taken  authorizing  the  trustees  to  hn-y  a  tax  for  fuel,  and 
to  fence  the  school-house  site.  The  api)ellants  desire  a  special  meeting  calhid  to 
rescind  that  vote,  alhiging  that  they  were  not  present  at  the  annual  meeting, 
when  the  tax  was  voted. 

The  objects  for  which  this  tax  was  voted  are  legitimate  and  proper,  and  it 
is  not  the  fault  of  the  trastef>s,  nor  of  the  department,  that  the  appellants  were 
not  present  at  the  annual  meeting,  and  neither  sliould  be  put  to  trouble  or 
jnconvenience  because  of  the  neglect  of  the  appellants  to  attend  to  their  duty. 


336  Meetings. 

The  appeal  is,  therefore,  dismissed.  Per  V.  M.  Rice,  Superintendent,  Feb- 
ruary 21,  1863. 

The  proceeclinp;s  of  an  annual  meetins:  organized  witliin  half  an  hour  after  the  time  for 
meetiugvvill  not  be  set  aside. 

On  an  appeal  from  the  proceedings  of  an  annual  meeting,  it  appears  that  the 
meeting  was  called  for  six  o'clock.  At  half-past  six  it  was  organized,  four  per- 
sons being  present.  Two  more  came  in  directly,  and  the  business  of  the  meet- 
ing was  transacted. 

There  can  be  no  question  as  to  the  legality  of  the  meeting,  and,  though  it 
would  have  been  no  more  than  proper  and  just  to  have  waited  a  short  time 
for  others  to  come  in,  I  do  not  feel  at  liberty  to  set  aside  the  proceedings  for 
failure  to  do  so.  A  sure  way  to  prevent  any  such  advantage  being  taken  is 
to  be  at  the  place  in  time.  Those  who  have  it  in  their  power  to  protect  and 
preserve  their  own  interests,  and  neglect  to  do  so,  should  not  call  upon  others 
to  make  good  what  their  own  indifference  has  caused  them  to  lose.  Per  E.  W. 
Keyes,  Acting  Superintendent,  December  5,  1861. 

Proceedings  of  an  annual  meeting  where  only  two  persons  were  present  is  set  aside. 

The  regular  annual  district  meeting  was  held  without  any  previous  notice, 
and  evidently  to  the  surprise  of  nearly  all  the  inhabitants  of  the  district.  A 
chairman  was  elected,  and  also  a  clerk  pro  tern.  Resolutions  were  offered  and 
passed,  and  trustees  and  other  school  officers  elected  by  ballot.  At  this  meet- 
ing only  two  persons  were  present. 

By  a  strange  mistake  the  notices  for  the  annual  meeting  set  forth  that  the 
same  would  be  held  on  the  tenth  of  October,  instead  of  the  second  Tuesday,  as 
required  by  law.  A  meeting  was  accordingly  held  on  the  tenth,  supposed  by 
those  present  to  be  the  annual  meeting,  and  the  usual  business  of  an  annual 
meeting  was  transacted. 

This  department  cannot  sanction  the  proceedings  of  two  persons  as  of  binding 
force  and  effect  upon  a  district;  especially  not,  when  most  of  the  inhabitants 
were  prevented  from  being  present  by  a  misaj)prehension,  arising  from  an 
error  in  the  published  notice. 

The  proceedings  of  both  the  meetings  held  as  above  stated,  are  declared 
invalid,  and  the  district  clerk  is  directed  to  give  notice  of  a  special  meeting. 
Per  E.  W.  Keyes,  Acting  Superintendent,  December  3,  1861. 

Tlie  election  of  a  trustee  will  he  set  aside  when  opportunity  for  a  fair  expression  of  the 
voters  was  not  given,  whereby  the  result  was  uncertain. 

On  an  appeal  from  certain  proceedings  of  the  annual  meeting,  in  electing  a 
trustee,  it  appears  that  the  meeting  was  attended  by  many  besides  those  enti- 
tled to  vote,  and  on  the  motion  to  elect  A.  S.  trustee  for  the  ensuing  year,  it 
was  impossible  to  tell  whether  the  voting  was  confined  to  those  legally  enti- 
tled. The  chairman,  however,  decided  tliat  the  said  A.  S.  was  elected.  Many 
of  those  present  doubted  the  correctness  ol'  the  decision,  and  consequently  this 
appeal  is  brought. 

It  is  evident  to  me  from  the  proceedings  that  opportunity  for  a  fair  expres- 
Bion  of  the  actual  voters  was  not  afforded.  The  evidence  of  the  election  of  the 
said  A.  S.  is  not  clear  and  satisfactory,  and  I  deem  it  but  just  that  the  inhab- 
itants sliould  have  what  they  asked  for,  an  opportunity,  liy  another  trial,  to  put 
the  maitor  beyond  controversy.  The  election  of  the  said  A.  S.,  is,  therefore,  set 
aside  as  uncertain,  and  a  new  election  ordered.  Per  E.  W.  Keyes,  Acting 
Superintendent,  November  <30,  1861. 

A  mooting  of  three  persons,  at  which  it  is  voted  to  build  a  new  school-house  and  \c\y  a  tas 

therefor,  set  aside. 

I  cannot  consider  a  meeting  of  three  jiersons,  at  which  a  considerable  tax  is 
voted  for  building  a  new  school-house,  as  a  sufficiently  authorized  expression  of 
the  sense  of  the  district  upon  so  imjiortant  a  proceeding.     However  worthy  the 


Meetings.  337 

purpose,  tlie  means  have  too  much  the  appearance  of  a  surprise,  especiully  in 
view  of  the  fact  that  several  inhabitants  were  waiting  outside,  in  tlie  belief  that 
no  one  liad  yet  arrived  to  aitend  the  meetinpf  beside  themselves.  The  proceed- 
ings are,  therefore,  set  aside.  Per  E.  W.  Keves,  Acting  Superintendent,  July 
23,  1861. 

It  does  not  follow  of  course  that  a  petition  to  the  trustees  for  a  special  meeting,  however 
numerously  sij;ucd,  i>  to  be  granted. 

On  an  appeal  from  the  refusal  of  the  trustee  to  call  a  special  meeting,  on  the 
applicsition  of  a  majority  of  the  voters  of  the  district,  it  appears  that  the  object 
of  a  new  meeting  is  to  rescind  the  action  of  a  previous  meeting  changing  the 
Bite  and  voting  a  tax  to  build  a  new  house.  The  meeting  which  took  this 
action  was  well  attended,  every  voter  in  the  district  being  present  but  one,  and 
the  vote  in  favor  of  tlie  resolution  to  change  the  site  was  confirmed  by  21  to  7. 

The  petition  to  call  a  new  meeting  bears  date  more  than  two  months  after 
the  above  decisive  action  had  been  taken.  Meantime,  the  trustees  had  com- 
pleted their  tax  list,  and,  at  the  least,  had  entered  into  negotiations  concerning 
the  sale  of  the  old  house  and  site.  It  is  remarked  by  the  counsel  for  the  appel- 
lants that  it  would  seem  as  though  an  application  for  a  school  meeting,  made 
by  a  clear  majority  of  the  legal  voters  of  the  district,  ought,  upon  the  face  of 
it,  to  be  granted.  The  general  princi])le  enunciated  is,  doubtless,  in  its  broad 
and  unrestricted  sense,  true  ;  but,  in  its  application  to  individual  instances,  it 
may,  in  a  majority  of  cases,  be  foimd  unwise  and  unjust,  for  the  reason  that  it 
is  scarcely  possible  to  recognize,  in  the  statement  of  such  general  principles, 
the  thousand  and  one  conditions  that  render  it  inapplicable. 

I  can  conceive  of  no  good  resulting  from  an  effort  at  so  late  a  day  to  disturb 
■what  has  been  so  deliberately  and  fairly  and  decisively  determined.  If  it  is 
true  that  so  large  a  number  of  the  voters  have  changed  their  minds,  it  betrays 
a  fickleness  and  instability  of  purpose  that  give  little  assurance  that  jDroceed- 
ings  had  at  any  future  meeting  will  be  permitted  to  rest. 

I  regard  the  discretion  of  the  trustee  as  judiciously  exercised,  and  the  appeal 
is,  therefore,  dismissed.    Per  E.  W.  Keyes,  xicting Superintendent,  June  15, 18G1. 

Clerk  cannot  refuse  to  give  notice  of  a  meeting  ordered  by  a  majority  of  trustees,  upon  the 
ground  of  protest  or  refusal  of  third  trustee. 

This  is  an  appeal  from  the  refusal  of  the  district  clerk,  to  call  a  special 
meeting  upon  the  order  of  a  majority  of  the  trustees. 

The  justification  of  the  clerk  is  insutficicnt.  The  protest  of  one  trustee 
should  not  be  regarded  as  authority  against  the  direction  of  a  majority.  Nor 
is  it  the  duty  or  the  rig'at  of  the  clerk  to  judge  concerning  the  correctness, 
competence  or  legality  of  the  proceedings  of  the  trustees.  W  an  order  is  pre- 
sented to  him,  correct  upon  its  face,  he  is  to  presume  all  preliminary  proceed- 
ings to  be  just  and  legal.  Any  other  construction  of  his  powers  and  duties 
would  leave  the  control  of  all  district  matters  entirely  in  the  hands  of  a  sub- 
ordinate ministerial  oiiicer. 

No  order  seems  necessary,  however,  compelling  the  clerk  to  act ;  as  one  of 
the  trustees  may  give  the  notice  required  in  case  of  the  continued  refusal  of 
the  clerk  to  act,  the  same  as  in  the  case  of  his  absence  or  inability  to  act 
Per  H.  H.  Van  Dyck,  Superintendent,  January  2,  1861. 

A  special  meeting  will  not  be  ordered  to  act  upon  questions  that  have  been  deliberated  and 
acted  upon  at  succob^ive  meetings. 

This  is  an  appeal  from  the  neglect  or  refusal  of  the  trustee  to  call  a  special 
meeting,  upon  the  request  of  a  respectable  numb(;r  of  the  inhabitants. 

The  apjiellant  fails  to  make  out  a  case  requiring  the  interposition  of  the 
department.  The  mere  fact  of  a  petition  for  a  meeting,  signed  by  a  large  num- 
ber of  inhabitants,  is  insutficient  to  create  even  a  presumption  as  to  the  duty  of 
the  trustee  to  call  sucli  nu^-ting.  If  it  could  be  so  regarded,  then  a  minority, 
respectable  in  numbers,  could  always  compel  the  trustee  to  call  a  special  meet- 

43 


338  Meetings. 

inor,  and  could  thus  keep  tlie  district  distracted  and  unsettled  upon  any  impor 
tant  issue,  so  long  as  they  might  choose  to  demand  the  calling  of  meetings. 

It  is  in  evidence  that  the  meeting  whoso  action  the  appellant  disapproves, 
and  which  action  he  desires  a  special  meeting  to  reconsider,  was  the  third 
special  meeting  that  had  acted  upon  the  question  at  issue. 

It  is  a  principle  that  has  been  recognized  by  the  department  that,  when  a 
question  has  been  deliberately  acted  upon  at  successive  meetings,  the  trustee 
is  not  required  to  call  other  meetings  to  reconsider  the  question  thus  deter- 
mined. 

In  view  of  the  facts  and  principles  herein  disclosed,  it  devolved  upon  the 
appellant  to  show,  by  obvious  and  well  attested  facts,  that  the  action  of  the 
meeting  was  not  a  proper  expression  of  the  will  of  the  district  upon  the  ques- 
tion at  issue.  Failing  in  this,  I  find  no  sufficient  occasion  for  subjecting  the 
clerk  to  the  trouble  and  labor  of  serving  notices  of  another  special  meeting, 
so  soon  after  a  series  of  special  meetings  has  been  concluded. 

The  appeal  is,  therefore,  dismissed.  Per  H.  H.  Van  Dyck,  Superintendent, 
April  12,  1860. 

A  district  meeting  is  not  bound  by  strict  parliamentary  rules  ;  it  makes  its  own. 

This  is  an  appeal  from  the  proceedings  of  a  special  meeting.  The  objections 
to  the  proceedings  are  to  the  ruling  of  the  chairman  upon  certain  questions 
of  order. 

The  department  will  not  overrule  his  decisions  where  it  was  in  the  power  of 
the  meeting  to  reverse  such  decision  on  appeal.  The  failure  of  the  meeting 
to  take  any  action  upon  the  point  of  order,  must  be  regarded  as  an  acquiescence 
in  the  ruling  of  the  chair.  So  far  as  the  binding  obligation  of  common  par- 
liamentary rules  is  concerned,  it  must  ever  be  held  subordinate  to  the  will  of 
any  organized  meeting,  every  such  assemblage  being  free  to  establish  its  own 
rules.  As  I  do  not  find  the  merits  at  all  afibcted  by  the  proceedings  com- 
plained of,  I  cannot,  upon  the  ground  of  unparliamentary  ruling,  reverse  the 
deliberate  action  of  the  meeting.  Per  H.  II.  Van  Dyck,  Superintendent,  March 
8,  18G0. 

An  annual  meeting,  not  adjourned  to  any  particular  time,  called  by  the  clerk  at  six  o'clock, 
aud  organizing  and  transacting  business  before  seven,  is  void. 

This  is  an  appeal  from  the  proceedings  of  the  annual  meeting. 

There  is  but  one  point  made  by  the  appellant  that  at  all  impairs  the  proceed- 
ings of  the  annual  meeting.  Unfortunately,  however,  that  objection  is  material, 
and  cannot  be  disregarded.  The  statute  of  April  13,  1858,  provides,  that 
"  unless  the  hour  and  place  of  such  (annual)  meeting,  shall  be  fixed  by  a  previ- 
ous district  meeting,  the  same  shall  be  held  at  the  school-house  at  seven  o'clock 
in  the  evening."  It  is  in  eviden(;o  that  tlie  time  and  ])lace  were  not  fixed  by  a 
previous  meeting,  but  that  the  meeting  was  notified  by  the  clerk  to  be  held  at 
six  o'clock,  that  it  was  organized  sliortly  after  that  liour,  and  that  before  the 
hour  of  seven  o'clock  it  had  transacted  all  its  business  and  adjourned. 

I  have,  therefore,  no  alternative  but  to  (l(>claro  tlie  proceedings  unauthorized, 
and  they  must  of  necessity  be  set  aside,  as  ))eing  contrary  to  the  statute.  Per 
H.  II.  Van  Dyck,  Superintendent,  February  'S,  1800. 

A  motion  to  adjourn,  while  another  question  is  pendinir.  and  a  ballot  bcinjr  taken  on  it, 
cannot  be  entertained  ;  and  an  adjournniont  thus  effected  is  void. 

At  the  annual  meeting,  a  resolution  was  offored  to  elect  three  trustees,  and 
th(!  question  was  being  taken  by  ballot  on  that  resolution,  when  som(>  of  those 
offering  to  vote  were  challenged,  and  a  discussion  on  the  qualifications  of 
voters  arose,  pending  whicli  a  motion  to  adjourn  for  one  week  was  made  ;  the 
question  was  taken  on  the  affirmative,  and  declanHl  carried  without  tlie  nega- 
tive being  taken.  The  appclhint  claims  tliat  the  adjournment  was  legal,  and 
that  the  business  transacted  after  the  adjournment  was  declared  is  void. 


Meetings.  339 

I  cannot  arrive  at  tlie  appellant's  conclusiona.  In  tlie  first  place,  no  motion 
for  adjournmt'nt,  nor  tor  any  thinf?  else,  was  in  order  while  a  vote  on  a  previous 
motion  was  beintj  talien.  While  strict  ])arliameutary  practice  is  by  no  means 
to  be  expected  in  the  proceedings  of  district  meetings,  y(;t  some  observances 
arc  indis[>cnsal)le  to  i)n)tect  the  meeting  from  tlie  factious  oi)p<;sifion  of  a 
minority,  from  an  ojjpressive  rule  of  the  majority,  or  from  tlie  arbitrary 
authority  of  the  presiding  olKcer.  The  rule  here  stated  I  consider  to  be  of 
this  nature.  The  entertainment  of  the  motion  to  adjourn  at  that  time  was, 
therefore,  unlawful,  and  the  action  upon  it  of  no  elibct.  The  fact  that  tlie 
chairnuin  declared  the  motion  carried  with(jut  calling  for  the  negative  voto 
would  be  suificient  to  vitiate  the  proceedings,  had  the  motion  itself  been  in 
order,  for  to  give  the  chairman  power,  at  discretion,  of  declaring  an  adjourn- 
ment, without  taking  a  full  expression  of  the  meeting,  is  to  invest  him  with 
supreme  control. 

The  meeting  not  being  legally  adjourned,  the  proceedings  had  after  the 
declared  adjournment  were  regular  and  legal.  Per  E.  W.  Keyes,  Deputy 
Superintendent,  December  9,  1859. 

Proceedings  set  aside  for  uncertainty,  where,  on  a  vote  by  ballot,  more  ballots  were 
deposited  thau  there  were  voters  present. 

A  vote  was  taken  upon  the  question  of  building  a  new  school-house.  The 
vote  was  taken  by  ballot,  and  the  result  showed  more  ballots  than  voters.  Of 
course  the  department  has  no  power  to  determine,  in  such  a  case,  what  is  the 
will  of  the  majcjrity. 

The  j)roceedings  of  the  meeting  are,  therefore,  declared  void  for  uncertaiuty. 
Per  E.  W.  Keyes,  Deputy  Superintendent,  October  'il,  1859. 

The  proceedings  of  a  district  meeting  will  not  •jf.  set  aside  because  the  said  meeting  was 
organized  soon  after  the  hour  appointed,  wUeTi  but  few  of  the  inhabitants  were  present. 

On  an  appeal  from  the  proceedings  of  a  special  meeting,  for  the  election  of 
a  trustee,  it  is  alleged  that  the  hour  for  the  meeting  was  six  o'clock ;  that  the 
meeting  had  transacted  its  business  and  adjourned  by  ten  minutes  past  six  ; 
that  there  were  present  but  three  persons,  one  of  whom  was  the  trustee 
elected ;  and  that  it  is  customary  to  wait  one  hour  after  the  time  appointed 
before  organizing  district  school  meetings. 

If  such  is  the  custom  in  that  district,  it  is  high  time  it  was  abandoned ; 
there  is  neither  sense  nor  justice  in  appointing  a  meeting  for  one  hour,  and 
compelling  those  who  are  present  promptly,  like  business  men,  to  wait  a  full 
hour  for  the  indolent,  the  inditferent  and  the  shiftless  to  come. 

Tlie  appeal  is,  therefore,  dismissed.  Per  H.  H.  Van  Dyck,  Superintendent, 
February  2,  1859. 

A  special  meeting  fbr  the  purpose  of  directing  the  application  of  the  public  money  will  not 
be  ordered  after  the  trustees  have  made  their  arrangements  for  a  school  upon  proper 
basis  of  division  fixed  by  themselves. 

On  appeal  from  the  refusal  of  the  trustees  to  call  a  special  meeting,  it 
appears  that  the  object  of  the  meeting  was  to  take  into  consideration  what 
disposition  should  be  made  of  the  public  money.  As  the  annual  meeting  had 
passed  without  action  being  taken  on  that  question,  it  was  left,  by  common 
understandiu,g,  to  be  applied  as  formerly,  in  view  of  which  understanding  the 
trustees  had  made  their  arrangements  for  the  winter  term. 

As  any  other  disposition  of  the  public  money  than  that,  according  to  the 
understanding,  might  seriously  embarrass  their  proceedings,  it  is  adjudged 
tiu necessary  and  inexpedient  to  call  a  meeting  for  the  purpose  of  considering 
that  question. 

The  appeal  is,  therefore,  dismissed.  Per  H.  H.  Van  Dyck,  Superintendent, 
December  13,  1858. 


340  Meetixgs. 

Trustees  will  not  be  directed  to  call  a  special  meetins  to  take  action  npon  questions  which 
have  passed  beyond  the  jurisdiction  of  the  inhabitants. 

On  appeal  from  the  refusal  of  trustees  to  call  a  special  meetino;  to  reconsider 
a  vote  taken  at  the  annual  meeting-,  it  appears  that  the  annual  meeting  had 
authorized  the  trustees  to  raise  $100  to  repair  the  school-house,  and  that  the 
trustees  immediately  went  to  work  and  made  out  a  tax  list ;  contracted  for 
tlie  rejiairs  ;  made  an  advance  on  the  same,  out  of  their  own  money,  and  com- 
menced operations.  Tliis  they  had  an  undoubted  right  to  do  ;  the  assumption 
of  the  appellant  that  the  trustees  were  bound  to  wait  thirty  days  is  wholly 
untenable.  The  repairs  were  needed  at  once,  if  at  all,  and  under  the  circum- 
stances the  promptitude  of  the  trustees  is  commendable. 

It  follows,  then,  that  a  special  meeting,  if  called,  would  have  no  power  to 
rescind  the  action  of  the  annual  meeting.  The  trustees,  therefore,  acted  within 
a  reasonable  discretion  in  refusing  to  call  such  meeting  for  the  purpose  named, 
it  not  being  then  in  the  power  of  the  district  to  act  upon  the  question.  The 
appeal  must  be  dismissed.  Per  H.  H.  Van  Dyck,  Superintendent,  December  3, 
18o8. 

An  annual  meeting  held  nn  the  pecond  Tuesday  of  October,  though  without  notice,  is  legal, 
that  being  the  day  now  prescribed  by  law. 

This  department  has  ruled,  and  does  rule,  that  any  meeting  held  on  the 
second  Tuesday  of  October,  as  required  by  the  act  of  April  12,  1858,  is  legal. 
All  have  an  opportunity  of  reading  the  law,  and  the  presumption  is  that  they 
had  sufficient  sense  to  comprehend  it.  Per  H.  H.  Van  Dyck,  Superintendent, 
November  23,  1858. 

The  proceedings  of  a  meeting  will  notbc  set  aside  because  of  neglect  to  administer  the  pre- 
scribed form  of  declaration  to  persons  challenged,  when  it  is  shown  that  such  pcrBOUS 
were  in  fact  legal  voters  at  such  meeting. 

On  an  appeal  from  certain  proceedings  at  an  annual  meeting,  it  appears  that 
on  a  certain  question,  which  is  not  stated,  thirteen  voters  were  challenged,  to 
but  one  of  whom  any  oath  was  administered.  But  it  also  appears  that  each 
one  so  challenged  was  a  resident  of  the  district,  and  owned  or  hired  real  prop- 
erty therein.  Their  right  to  vote  is  thus  clearly  established,  and  the  proceed- 
ings should  not  be  set  aside  for  a  mere  informality  in  administering  the  oath, 
when  it  is  shown  that  such  informality  has  no  eflect  upon  the  general  result. 
Per  H.  H.  Van  Dyck,  Superintendent,  November  15,  1858. 

Where  three  tnisteesare  chosen  in  a  district,  and  their  terms  of  office  arc  designated  by  lot 
instead  of  by  vote,  as  the  law  directs,  the  election  will  be  declared  void  for  uncertainty. 

At  a  district  meeting  it  was  resolved  to  have  three  trustees,  and  three  per- 
sons were  accordingly  elected  by  viva  voce  vote,  and  the  term  that  each  one 
should  serve  was  determined  by  lot  or  chance,  and  not  by  the  votes  of  those 
present. 

The  objection  to  the  proceedings  of  this  meeting  is  valid.  By  section  6, 
chapter  151,  Laws  of  1858,  it  is  required  that  the  time  which  each  trustee  shall 
serve  shall  be  decided  by  vote.  Consequently,  the  election  of  these  officers  in 
the  present  case  is  void  for  uncertainty,  the  term  for  winch  either  was  elected 
not  being  designated.  Per  H.  II.  Van  Dyck,  Superintendent,  November  15, 
1858. 

The  department  will  not  set  aside  the  proceeding?  of  a  meeting  to  which  a  majority  of  the 
inhabitants  of  the  district  are  opposed,  because  such  majority,  though  haviug  due  notice, 
neglected  to  attend  the  meeting. 

This  is  an  a])peal  from  the  proceedings  of  a  special  school  meeting.  The 
case  presented  is  not  one  requiring  any  action  from  this  department.  Duo 
notice  was  given  of  a  meeting  to  talce  into  consideration  the  question  of  a 
change  of  site.  A  portion  of  the  inluibitants  saw  fit  to  neglect  their  duty 
and  did  not  attend  the  meeting.  Thereby  a  minority  of  the  inhabitants  were 
enabled  to  control  the  action  of  the  meeting. 


Meetings.  341 

There  is  but  one  way  in  whicli  a  majority  can  carry  out  measures  of  policy, 
and  that  is  to  present  tiiemselves  at  tlie  meetin^r  July  and  properly  notified. 

It  is  no  part  of  tiio  duty  of  this  department  to  make  good,  or,  by  its  action, 
atone  for,  the  nenflect  or  indiffi-rence  of  the  inhabitants. 

The  appeal  is,  therefore,  dismissed.  Per  E.  VV.  Keyes,  Deputy  Superintend- 
ent, September  11,  1858. 

The  proceedings  of  a  school  meetin:?,  held  at  the  unusual  hour  of  half  past  seven  o'clock  in 
ihe  moniiiiir,  will  be  set  aside  unless  there  are  peculiar  couditions  in  the  district  to  justify 
the  call  of  a  meeting  at  that  hour. 

A  meeting  was  held  at  the  hour  of  half  past  seven  o'clock  in  the  morning, 
the  proceedings  of  which  are  appealed  from,  on  the  ground  of  the  unseasona- 
bleness  of  tiie  hour  of  meeting. 

I  cannot  regard  a  meeting  called  at  seven  and  a  half  o'clock  in  the  morning 
as  giving  an  (jjjiiortunity  to  the  inhabitants  for  a  fair  and  deliberate  expression 
of  their  opinions  upon  the  matters  under  discussion,  unless  it  is  made  affirma- 
tively to  appear  that  the  circumstances  of  the  district  are  so  peculiar  as  to 
make  that  the  best  and  most  convenient  time  of  meeting.  It  is  not  made  so  to 
appear  in  the  present  instance,  and  the  appeal  must,  therefore,  be  sustained. 
Per  H.  H.  Van  Dyck,  Superintendent,  June  18,  ISo"!.  o 

Where  a  meeting  is  called  by  a  single  trustee,  the  others  having  vacated  their  offices,  the 
call  is  lejal,  even  thjugh  it  may  subsequently  appear  that  the  trustee  was  not  legally 
elected. 

On  an  appeal  from  the  proceedings  of  a  special  meeting,  it  is  claimed  that 
the  meeting  was  illegal  and  its  proceedings  void,  from  lack  of  authority  on 
the  part  of  the  person  assuming,  as  truste:;,  to  call  the  same. 

The  facts  of  the  case  are  tliat  the  meeting  was  called  by  an  acting  trustee, 
and  that  no  other  person  was  authorized  to  act  in  that  capacity,  those  elected 
to  that  office,  and  claiming  to  hold  it,  having  resigned. 

Udd,  that  it  was  sufficient  that,  under  color  of  tith;  to  the  office,  there  being 
at  the  time  no  competitor  or  rival  claimant,  and  by  advice  of  the  commissioner 
and  on  petition  of  the  inhabitants,  tlie  said  acting  trustee  directed  the  clerk  to 
call  the  meeting ;  and  that,  the  meeting  being  legally  convened,  the  i)roceed- 
ings,  if  not  irregular,  must  be  sustained.  Per  H.  H.  Van  Dyck,  Superintend- 
ent, March  31,  1858. 

Trustees  do  not  exceed  their  just  discretionary  powers  in  refusing  to  call  a  meeting  to 
reconsider  the  action  of  a  previous  meeting,  when  the  number  of  voters  signing  a  remou- 
Btrauce  against  such  meeting  is  greater  than  the  number  of  those  petitioning  for  it. 

At  a  regularly  called  and  fully  attended  meeting  of  the  district,  it  was  voted 
by  forty-eight  to  twenty-two,  to  raise  a  tax  to  repair  and  enlarge  the  school- 
house.  Some  time  after  the  meeting,  a  petition  signed  by  fifty-one  voters  of 
the  district  was  presented  to  the  trustees,  asking  that  a  special  meeting  be 
called  to  reconsider  the  proceedings  of  the  former  meeting.  The  trustees  like- 
wise received  a  remonstrance  against  calling  such  meeting,  signed  by  sixty 
voters.  The  trustees  met,  and,  after  due  deliberation,  resolved  to  deny  the 
petition. 

Htld,  that  their  refusal  was  justly  founded  upon  the  evidence  before  them 
that  a  majority  of  tlio  inliabitants  were  opi)osed  to  delaying  or  otherwise 
embarrassing  the  proceedings  inaugurated  under  the  direction  of  the  meeting 
already  heki.  I  can,  therefore,  see  no  occasion  to  reverse  the  decision  of  the 
trustees  in  refusing  to  call  another  special  meeting.  Per  li.  II.  Van  Dyck, 
Superintendent,  March  9,  1858. 

Where  the  clerk  is  nnablc  to  serve  the  notices  of  a  special  meeting  on  account  of  illncse, 
the  trustees  may  depute  any  inhabitant  of  the  district  to  serve  them. 

The  facts  in'  this  case  were  as  follows  :  The  clerk,  being  unable  to  do  it  him- 
self, suggested  that  liis  son  might  serve  tlie  notices  of  a  special  meeting;  this 
suggestion  was  aijjiroved  by  two  of  the  trustees,  and  the  son  of  the  clerk  was 
authorized  by  them  to  serve  the  notices. 


342  Meetings. 

It  has  been  decided  that  the  clerk  cannot  act  by  deputy,  and  for  the  obvious 
reason  that  his  is  a  ministerial  office,  the  duties  of  Avliich  are  definitely  pre- 
Bcribed,  and  which  he  has  no  power  to  delegate.  But  the  person  serving 
the  notices  did  not  act  by  authority  of  the  clerk,  but  by  that  of  two  of  the  trus- 
tees. That  the  trustees  may  thus  delegate  a  ministerial  duty  to  an  inhabitant 
I  have  no  doubt ;  they  act  judicially  as  well  as  ministerially,  and  liave  a  discre- 
tion in  the  performance  of  certain  duties  not  conceded  to  the  clerk.  It  is, 
therefore,  held,  that  the  action  of  the  trustees,  in  this  respect,  is  legal.  Per  H. 
H.  Van  Dyck,  Superintendent,  February  25,  1858. 

Where  the  clerk  names  a  wrong  hour  in  his  notice  of  an  annual  meeting,  and  part  of  the 
inhabitants  assemble  at  that  hour  and  transact  business,  and  part  assemble  at  the  hour 
of  adjournment,  and  also  transact  business,  both  meetings  may  be  set  aside,  and  a  new 
one  ordered. 

It  appears  that  an  annual  meeting  in  1856  adjourned  to  October  5,  1857,  at 
seven  o'clock,  and  the  same  is  so  recorded.  By  error,  the  clerk  in  the  written 
notices  of  the  meeting  named  six  o'clock  as  the  hour.  A  part  of  the  inhabit- 
ants met  at  that  hour,  and  transacted  the  ordinary  business ;  a  part,  relying 
upon  the  adjournment,  met  at  seven  o'clock,  organized,  and  proceeded  to  busi- 
ness.    The  latter  appeal  from  the  action  of  the  former. 

Held,  that  seven  o'clock  was  the  proper  hour  for  meeting,  but,  a  part  of  the 
inhabitants  having  been  misled  by  the  written  notices,  no  advantage  should  be 
taken  of  such  an  official  error,  to  deprive  a  considerable  number  of  the  inhabit- 
ants of  a  voice  in  the  regular  proceedings. 

The  proceedings  of  both  meetings  are  therefore  set  aside,  and  the  clerk  of 
last  year  is  directed  to  give  notice  of  a  new  meeting  within  ten  days  after  the 
reccii^t  of  this  decision.  Per  H.  H.  Van  Dyck,  Superintendent,  November 
30,  1857. 

Trustees  will  not  be  ordered  to  call  a  special  meeting  upon  the  application  of  a  respectable 
number  of  inhabitants,  where  successive  meetings  for  the  same  purpose  have  been  called 
and  held. 

The  question  is  whether  the  trustees  have  exercised  their  discretion  right- 
fully, in  refusing  to  call  a  special  meeting  upon  tlie  request  of  a  respectable 
number  of  voters  to  have  the  meeting  called.  Such  a  request  is  ordinarily 
sufficient,  l)ut  it  is  not  all-sufficient.  If  it  were  so,  a  respectable  minority  could 
effectually  prevent  the  consummation  of  any  action  by  the  majority.  There 
must  be  some  reasonable  pretext  for  a  meeting  to  render  the  refusal  of  trustees 
an  abuse  of  discretion.  In  the  present  case,  the  oljject  for  which  a  special 
meeting  is  desired  has  already  been  passed  upon  by  two  successive  meetings, 
at  the  last  one  of  wliich  every  voter  in  the  district  was  present  but  one.  The 
trustees  have,  therefore,  only  exercised  a  reasonable  discretion  in  the  matter, 
and  there  is  no  occasion  for  any  interference  from  this  department.  Per  H.  H. 
Van  Dyck,  Superintendent,  November  7,  1857. 

Under  certain  circumstances  a  district  meeting  may  rescind  a  vote  of  a  previous  meeting, 
levying  a  tax,  though  a  portion  of  that  tax  be  collected  at  the  time  of  such  rescinding. 

A  regularly  called  special  district  meeting  voted  to  levy  a  tax  of  $850  to 
build  a  new  school-house.  A  tax  list  and  warrant  were  accordingly  made  out 
and  put  in  the  hands  of  the  collector,  to  whom  a  portion  of  the  tax  was  paid. 
Considerable  dissatisfaction  being  expressed  in  regard  to  the  levy  of  the  tax  on 
account  of  the  small  number  of  persons  present  when  it  was  voted,  another 
Hjjecial  meeting  was  called,  at  which  the  vote  to  raise  $350  for  building  a  school- 
house  was  repealed,  and  a  tax  of  $200  was  voted  to  repair  the  old  school-house. 

On  appeal  from  the  proceedings  of  this  second  special  meeting,  it  was  held, 
that,  it  liaving  been  already  decided  by  tliis  department  {Old  Code  Public  Instruc- 
tion, page  55),  that,  at  any  time  before  the  list  and  warrant  are  delivered  to  tho 
<'<)llcctor,  tlie  inhabitants  may  rescind  the  vote  by  which  it  was  levied,  it  would 
be  tlius  clearly  implied  that  the  vote  cannot  be  rescinded  after  the  warrant  is 
put  into  the  collector's  hands.     A  decision  of  the  Supremo  Court  is  positive  and 


Meetings.  343 

emphatic,  tliat,  after  a  portion  of  the  tax  has  been  collected,  the  district  has  no 
power  to  repeal  the  resolution  under  which  the  tax  was  levied.  (4  Barb.,  25.) 
This  would  seem  to  cover  the  case  completely,  and  to  decide  the  whole  ques- 
tion at  once.  It  is  to  be  noticed,  however,  that  the  argument  used  in  support 
of  the  decision  does  not  apply  at  all  to  the  present  case  ;  that  argument  being 
the  manifest  injustice  of  collecting  a  tax  from  a  portion  of  the  inhabitants,  and 
then,  by  a  reconsideration,  to  exempt  tlie  remainder  from  taxation.  But  here 
is  no  such  condition,  for  the  collector  was  directed  to  refund  the  amount  col- 
lected, and  it  is  believed  this  has  been  done.  Now  we  are  warranted  in  assum- 
ing that  the  case  before  us  is  not  determined  by  the  deci.siou,  the  conditions 
and  equitable  interests  involved  being  unlike,  though  the  abstract  terms  of  the 
decision  comprehend  both. 

But  it  further  appears  that  the  original  warrant  of  the  trustees  had  run  out, 
and  that  they  refused  to  renew.  This  does  not  invalidate  the  original  vote  to 
levy  a  tax — but  until  the  warrant  is  renewed  it  remains  inoperative,  and,  in 
the  opinion  of  this  department,  that  is  a  condition  of  which  the  district  may 
take  advantage,  and,  by  refunding  the  money  collected,  thus  establishing  the 
conditions  under  which  their  authoritj'  is  recognized,  proceed  to  exercise  that 
power  in  the  act  of  repeal.  The  exercise  of  the  equitable  powers  of  this  depart- 
ment in  setting  aside  proceedings  strictly  legal,  or  in  the  affirmance  of  those 
resulting  from  the  assumption  of  doubtful  powers,  is  to  be  deprecated,  except 
when  it  becomes  the  only  means  of  preventing  the  consummation  of  injustice 
or  wrong.  But  in  the  present  case,  if  the  proceedings  of  the  second  special 
meeting  were  not  strictly  legal,  as  they  are  assumed  to  be,  the  department 
would  have  no  hesitation  in  exercising  the  discretionary  power  with  which  it 
is  vested,  to  declare  the  proceedings  of  the  first  meeting  superseded  by  those 
of  the  second,  for  the  tax  voted  at  the  first  meeting  appears,  upon  substantial 
evidence,  to  have  been  unnecessar}',  and  that  voted  at  the  second  meeting  to 
have  been  entirely  adequate  to  the  present  demands  of  the  district.  Per  H.  H. 
Van  Dyck,  Superintendent,  October  31,  1857. 

The  proceedings  of  a  meeting  locating  a  Bite,  in  accordance  with  an  award  of  arbitrators, 
to  whom  contending  parties  in  a  district  had  agreed  to  refer  their  diflerences,  will  be  sus- 
tained. 

In  pursuance  of  an  adopted  resolution,  several  subjects  of  controversy  in  the 
district  were  referred  to  the  decision  of  arbitrators.  After  hearing  the  proofs 
and  allegations  of  the  parties,  the  arbitrators  made  an  award,  by  which  they 
located  the  site  of  the  school-house. 

At  a  meeting  subsequent  to  the  award,  the  inhabitants,  by  a  vote  of  15  to  4, 
located  the  site  at  the  jilace  designated  by  tlie  arbitrators,  voted  a  tax  for  pur- 
chasing the  site,  and  for  removing  the  building  to  it. 

The  objection  is  taken,  on  appeal,  that  the  arbitrators  had  no  authority  to 
determine  the  site,  and  that  the  district  has  another  site  so  long  as  it  chooses 
to  occupy  the  same. 

Held,  that  the  tax  is  legal,  not  because  of  the  award,  but  because  the  inhab- 
itants elected  to  fix  the  site  in  the  place  which  the  arbitrators  pointed  out,  as 
they  had  good  right  to  do,  irrespective  of  the  award.  Per  H.  H.  Van  Dyck, 
Superintendent,  May  23,  1857. 

The  Superintendent  will  set  aside  the  proceedings  of  a  meeting  voting  an  exorbitant  sum 
to  pay  in  advance  the  rent  of  a  school-house  site  for  a  number  of  years. 

An  appeal  is  taken  from  the  proceedings  of  a  meeting,  a  resolution  of  which 
directed  the  trustees  to  levy  a  tax  of  $150,  for  the  purpose  of  paying  the  rent  for 
a  term  of  twelve  years  on  a  lot  which  was  then,  and  had  been  for  about  twenty 
years,  in  possession  of  the  district,  and  occupied  as  a  site  for  a  school-house. 
The  appellants  state  that  three  dollars  and  fifty  cents  per  annum  is  the  rent 
which  has  heretofore  been  paid  for  said  lot,  and  that  $150  is  a  most  unreason- 
able price  for  the  fee  simple:  The  evidence  shows  that  the  value  of  the  fee  of 
the  site  does  not  exceed  thirty  dollars. 


344  Propeuty. 

It  is,  tlierefore,  lield  by  the  department  that  there  is  no  adequate  considera- 
tion for  an  agreement  to  pay  $150  lor  a  twelve  years'  lease  of  the  site  ;  that 
the  appeal  must  be  sustained,  and  that  tlie  resolution  and  proceedings  \inder 
it  must  be  set  aside.     Per  H.  II.  Van  Dyck,  Superintendent,  May  22,  1857. 

A  meeting,  called  hy  two  trustees  without  consulting  the  third,  will  not  be  set  aside  when 
the  third  trustee  attended  the  meeting  and  participated  in  the  proceedings. 

A  meeting  was  called  by  the-  majority  of  the  trustees,  without  consulting 
the  third,  and,  upon  this  ground,  the  third  trustee  asks  that  its  proceedings 
may  be  declared  void.  At  the  meeting  every  voter  in  the  district,  excepting 
one  who  was  absent  from  home,  was  present.  The  third  trustee'  was  present 
and  voted. 

Held,  that  the  trustees  who  united  in  ordering  the  call  were  unquestionably 
wrong  in  exercising  the  power  without  their  colleague,  and  that,  if  any  con- 
siderable part  of  the  inhabitants  had  declined  or  omitted  to  take  part  in  tlie 
proceedings,  this  defect  in  the  order  for  its  call  might  have  been  regarded  as 
fatal. 

Where,  however,  the  notice  has  the  effect  of  convening  all  the  inhabitants, 
^vith  the  exception  of  a  single  individual,  whose  vote,  if  present,  would  not 
Lave  affected  the  result,  the  Superintendent  feels  warranted  in  disregarding 
the  objection,  when  brought  by  a  person  who  himself  disregarded  it,  by  par- 
ticipating in  the  proceedings  of  the  meeting.  Per  H.  H.  Van  Dyck,  Superin- 
tendent, May  14,  1857. 


PROPERTY. 

Where  property  in  the  possession  of  public  officers  has  been  stolen  or  destroyed  by  fire, 
without  negligence  on  their  part,  they  are  not  bound  to  make  good  the  loss. 

It  has  been  settled  by  the  supreme  court,  in  the  cases  of  Supervisors  of  Albany 
County  V.  Dorr  (25  Wendell,  440),  and  Broiuning  v.  Ilauford,  sheriff  (5  /////,  558), 
tliat  a  public  officer,  in  whose  possession  property  has  been  destroyed  by  fire  or 
for  want  of  care,  or  from  whom  money  has  been  stolen  without  negligence  or 
any  default  on  his  part,  is  not  bound  to  make  good  the  loss.  Per  E.  Peshino 
Smith,  Deputy  Superintendent,  April  17,  1855.  {Letters,  vol.  2,  p.  347.) 

Super%'i?or  «hould  take  charge  of  all  property  bequeathed  to  a  town  for  the  benefit  of  common 
schools,  whcu  no  other  person  is  specified.  lie  should  communicate  the  fact  of  his  doing 
60  to  Superintendent  of  Public  Instrui:tiun. 

Where  property  is  bequeathed  to  a  town  for  the  benefit  of  the  common 
schools  therein,  without  naming  any  ])articular  officer  or  person  as  trustee  of 
the  fund,  the  proj'x^rty  should  be  d(!livered  over  to  the  supervisor,  who  is  the 
financial  officer  of  the  town.  As  soon  as  he  receives  the  property  the  super- 
visor should  report,  the  fact  to  the  Superintendent  of  Public  Instruction,  who 
will  advise  with  hitn  as  to  its  investment  and  in  regard  to  the  disposition  of 
the  interest.  The  duties  of  the  supervisor  in  regard  to  such  trusts  are  stated 
in  article  2,  title  'i,  chapter  555,  Laws  of  1804.  Per  V.  M.  Kice,  Superintendent, 
February  13,  180G.  {Letters,  vol.  5,  p.  138.) 

Statute  provides  for  a  sale  of  property  only  "when  a  district  is  annulled,  and  portions 
thereof  are  annexed  to  other  districts." 

The  facts  show  a  mer-'  division  ol  a  joint  district.  Changing  names  cannot 
change  facts.  Ir.,  this  case,  the  fact  is  that  a  new  district  (7)  was  formed  from 
a  ])art  of  joint  district  (8.) 

But,  independent  of  any  question  as  to  whether  the  action  of  the  board 
amounted  to  an  "  annulling"  of  the  district,  the  statute  provides  for  a  sale  of 


Public  Money.  345 

the  property  only  "  when  a  district  is  annulled  and  portions  thereof  are  annexed 
to  other  districts." 

Tlie  part  of  the  sentence  which  is  quoted,  is  rcpfarded  as  furnishing  a  defini- 
tion of  what  is  meant  by  "  annulled."  If,  however,  tliis  be  wrong,  and  tho 
quoted  words  are  regarded  as  an  independent  provision,  it  leaves  the  difficulty 
that  both  conditions  must  concur  to  authorize  a  sale.  In  the  case  of  No.  8,  no 
]iart  was  annexed  to  any  other  district.  Per  E.  Peshine  Smith,  Deputy  Super- 
intendent, August  14,  1855.  {Letters,  vol.  2,  p.  535.) 

The  property  of  a  district  is  to  be  sold  "  when  a  district  is  annulled,  and  portions  thereof 
are  annexed  to  other  districts,"  and  there  is  uo  provision  for  sale  unless  these  couditiona 
uri'  fultiUed. 

When  a  district  is  divided  simply,  and  two  districts  are  formed^from  it  with- 
out the  addition  of  another  territory,  jxirtions  of  it  are  not  annexed  to  other 
districts,  nor  is  any  portion  of  it  annexed  to  a  (singular  number)  district.  This 
consideration  appears  to  fortify  the  conclusion  which  would  be  drawn  from  the 
use  of  the  word  '•  annulled,"  the  signification  of  which  is  "  reduced  to  notliing." 
A  district  can  hardly  be  said  to  be  reduced  to  nothing  while  its  school-houso 
remains  with  a  territory  attached  thereto  of  sufficient  extent  to  be  still  main- 
tained as  a  district. 

If  the  law  justifies  a  sale  of  district  property  in  any  case  (after  payment  of 
debts),  the  statute  imperatively  requires  the  division  of  the  remaining  proceeds 
among  the  several  inhabitants,  in  the  ratio  of  their  assessments,  and  the 
receipt  of  each  one,  or  his  written  assent  to  a  different  disposition  of  the  same, 
would  be  required.  Per  E.  Pesliine  Smith,  Deputy  Superintendent.  March  23, 
1855.  {Letters,  vol.  2,  p.  274.) 


PUBLIC    MONEY. 

Public  money  cannot  be  paid  for  wages  of  a  past  year.  In  other  words,  pub- 
lic money  apportioned  for  anv  year  must  be  expended  for  services  performed 
within  tliat  year.     Per  Dix,  March  2G,  1838. 

The  county  treasurer  is  bound  to  pay  over  to  each  town  all  the  school  money 
apportioned  to  it  and  received  by  him  from  the  State  treasury.  He  cannot 
retain  a  percentage  for  receiving  and  disbursing,  out  of  the  money  in  his  hands. 
Whatever  claim  he  has  is  a  charge  against  the  county.  Per  Spencer,  October 
12,  1840. 

When  the  district  has  given  no  direction,  and  the  trustees  have  already 
appropriated  the  public  money  to  a  particular  term  of  school,  the  district  hag 
no  further  cuntrol  over  the  disposition  of  it.  In  the  absence  of  any  specific 
directions  by  the  district,  the  trustees  can  applj'  the  money  as  they  may  deem 
best  for  the  interests  of  the  schools.     Per  Spencer,  June  15,  1841. 

The  wages  of  a  teacher  employed  for  the  winter  term  may  be  paid  from  tho 
school  money  to  be  received  the  next  spring.     Per  Young,  November  28,  1842. 

In  the  absence  of  any  specific  directions  by  the  district,  the  trustees  may 
apply  tlie  ])ublic  money  to  the  summer  and  winter  terms  of  a  school  in  such 
proportions  as  they  may  deem  just.     Per  Young,  January  10,  1843. 

Town  superintendents  (supervisors)  can  pay  over  public  money  only  ujjon 
the  written  order  of  tlie  trustees,  or  a  majority  of  them,  to  the  teacher  entitled 
to  receive  the  same.     Per  Morgan,  May  2d,  1851. 

44 


346  Public   Moxet. 

The  public  money  apportioned  for  one  year  cannot  be  applied  to  the  payment  of  teachers' 
wagus  of  a  previous  year,  except  when  a  term  embraces  a  portion  of  two  years,  in  which 
case  the  public  money  of  either  year  may  be  applied  indiscriminately  to  that  term. 

The  appellees  (two  of  the  trustees)  jrave  an  order  upon  the  town  superintend- 
ent of  Hoosick  for  ten  dollars,  to  be  paid  out  of  the  apportionment  of  public 
money  for  1849,  in  favor  of  the  teacher  for  the  summer  term  of  1848.  The 
public  money  apportioned  for  one  year  cannot  be  applied  to  the  expenses  of  a 
previous  year,  except  when  the  term  embraces  a  portion  of  two  years  ;  in  which 
case  the  public  money  ol  either  year  may  be  applied  indiscriminately  to  that 
term. 

The  trustees  could  not  le^rally  apply  any  of  the  apportionment  for  1849  to 
the  payment  of  the  teacher  of  the  summer  term  of  1848. 
The  appeal  is  sustained.     Per  Morgan,  April  3,  1849. 
» 
Tlic  illegality  or  irregularity  of  the  election  of  trustees  is  no  excuse  for  a  town  superintend- 
ent (supervisor;  for  refusing  to  pay  over  the  public  money,  upon  the  order  of  such  trus- 
tees.   He  must  be  governed  by  the  report  of  these  officers,  made  in  conformity  to  law. 

The  town  superintendent  of  the  town  of  Spencer,  Tioga  county,  declined  to 
pay  over,  on  the  order  of  the  trustees  of  district  No.  3,  in  said  town,  in  favor  of 
a  duly  qualified  teacher,  a  portion  of  the  school  moneys  apportioned  to  said  dis- 
trict, and  from. this  act  the  trustees  appealed  to  the  county  superintendent,  who 
sustained  the  appeal,  and  ordered  the  town  superintendent  to  pay  the  money 
over,  for  the  purposes  and  in  the  manner  prescribed  by  law.  Town  superin- 
tendents (supervisors)  will  not  be  permitted  to  inquire,  as  in  this  case,  on 
being  presented  with  a  written  order,  signed  by  the  trustees  of  a  district,  into 
the  validity  of  the  appointment  or  election  of  the  persons  claiming  to  act,  and 
who  are  acting  as  such  officers.  Such  an  order,  duly  receipted  by  the  person 
in  whose  favor  it  may  have  been  drawn,  would  be  a  perfect  protection  to  him. 
It  is  not  pretended  "that  this  money  is  withheld  for  any  defect  in  the  last 
annual  report,  or  that  schools  have  not  been  taught  in  conformity  with  the 
requirements  of  law.  As  a  general  principle,  collateral  matters  cannot  be 
drawn  in  question,  involving  judicial  cognizance,  by  any  officer,  when  called 
upon  to  discharge  a  mere  ministerial  duty.  And  the  town  superintendent  in 
this  case  assumes  to  decide  who  are  not  the  trustees  of  the  district,  a  matter 
entirely  beyond  his  jurisdiction.  The  decision  of  the  county  superintendent, 
therefore,  ordering  him  to  pay  over  the  money  to  the  trustees  as  atVresaid, 
was  correct,  and  is  hereby  affirmed.     Per  N.  S.  ISenton,  January  29,  1846. 

The  public  money  must  be  applied  to  the  payment  of  the  wages  of  qualified 
teachers,  and  for  no  other  purposes.  Debts  due  the  district,  or  bought  by  the 
trustees,  cannot  be  offset  against  the  wages.  Nothing  but  payment  to,  or  on  the 
order  of,  the  teacher,  is  a  compliance  with  the  law.     Per  Spencer,  April  23, 1839. 

Trustees,  in  the  absence  of  express  directions  from  the  district,  may,  in  their  discretion, 
apply  the  public  monev  for  the  support  of  schools  as  they  may  deem  proper;  but  when 
they  apply  more  than  two-thirds  thereof  for  the  support  of  the  winter  school,  the  Super- 
intendent of  Public  Instruction  will  intertere. 

It  seems  that  the  trustees  applied  more  than  two-thirds  of  the  public  money 
for  the  support  of  the  winter  school,  in  184G,  leaving  the  balance  for  the  sum- 
mer school.  In  the  absence  of  any  express  direction  on  the  part  of  the  dis- 
trict, the  trustees  have  a  legal  right,  in  their  discretion,  to  api)ly  the  public 
money  as  they  may  deem  proper,  which  discretion  will  always  be  controlled 
by  the  department,  when  those  officers  ai)ply  more  than  two-thirds  of  the 
public  money  to  the  winter  schools,  leaving  the  balance  for  the  summer 
schools.  The  act  whicli  should  hav(^  been  appealed  from  was  the  ])ayment  of 
n(!arly  all  the  public  money  toward  llie  support  of  the  winter  school  in  1846 
The  trustees  having  the  strict  legal  right  to  do  as  they  have,  and  no  legal 
Bteps  having  been  taken  to  correct  it  (more  than  thirty  days  having  elapsed 
before  the  bringing  of  the  appeal),  as  a  legal  consequence  they  are  bound  to 
make  out  their  rate  bill  in  accordance  with  their  former  acts,  that  is,  apply  the 


Public  Money.  r.'47 

residue  of  the  public  money  to  the  summer  school,  and  make  out  their  rate 
bill  for  the  balance.     Per  N.  S.  Benton,  April  8,  1847. 

The  statute  directinj;  town  superintendent?  (siipervifors)  to  pay  out  public  money  only  to 
qualilied  teachers,  duly  employed,  upon  the  order  of  the  trustees  employing  them,  waa 
enacted  for  the  purpose  of  preventing  embezzlement  by  trustees,  and  if  they  pay  tho 
jjiiblic  money  to  a  trustee  or  other  person  than  the  teacher,  without  his  order,  ihey  do  it 
at  their  peril. 

This  is  an  appeal  taken  from  the-  action  of  the  trustees  in  school  district 
No.  9,  in  the  town  of  Otto,  Cattarautyus  county,  by  a  teaclier  duly  employed  in 
said  district  durinj?  the  last  winter,  on  the  gronnd  of  withholding  from  him  a 
portion  of  his  salary,  amounting  to  the  sum  of  $15.86.  Tho  appeal  is  without 
answer. 

The  appellant  testifies  that  while  he  was  engaged  in  the  employ  of  said 
trustees,  two  of  them,  to  wit,  Isaac  Heed  and  Daniel  11.  Grinals,  wrote  an  order 
for  the  residue  of  the  public  money  ap]jortioncd  to  said  district  in  1853,  making 
it  payable  to  appellant ;  that  Reed  went  without  appellant's  knowledge  or  con. 
sent  and  drew  said  money  in  appellant's  name  from  the  town  superintendent 
of  Otto,  which  money  amounted  to  $15.80,  as  aforesaid;  that  when  ajipellant 
closed  his  term,  said  trustees  (two  of  them)  gave  him  another  order  upon  said 
town  superintendent  for  $52.5(5,  to  be  paid  in  part  of  the  residue  of  the  public 
money  apportioned  in  1854 ;  that  said  superintendent  paid  $86.04  on  said  order 
and  retained  it  in  his  possession,  but  refused  to  pay  any  further  amount,  saying 
that  he  had  paid  the  remainder  to  said  Isaac  Reed,  one  of  the  trustees  of  said 
district. 

The  provision  of  the  law  which  directs  town  superintendents  (supervisors)  to 
pay  out  public  money  only  to  qualified  teachers  duly  employed,  upon  the  order 
of  the  trustees  employing  them,  was  enacted  for  the  express  purpo.se  of  pre- 
venting the  opportunity  of  embezzlement  by  trustees.  If  in  the  face  of  this 
fact  public  money  is  paid  to  a  trustee,  in  the  name  of  a  teacher  or  otherwise 
without  a  properly  attested  order  from  the  person  to  whom  it  is  due,  the  town 
superintendent  (super\isor)  does  it  upon  his  own  responsibility.  In  the  case 
in  controversy,  the  trustee.  Reed,  is  lial:)]e  for  tlie  means  by  which  he  obtained 
the  money,  and  the  town  superintendeiit  of  Otto  is  responsible  to  school  dis- 
trict No.  9  for  tlie  amount  paid  by  him  to  Reed,  and  he  must  make  good  the 
deficiency,  looking  to  Reed  for  reimbursement. 

This  appeal  is  accordingly  sustained,  and  the  town  superintendent  of  Otto  is 
hereby  ordered  to  ])ay  to  said  Hosea  Edwards,  teacher  aforesaid,  the  sum  of 
$15.80  claimed  by  him,  and  to  preserve  district  Xo.  9  good  in  that  amount,  not 
charging  said  district  for  the  amount  paid  illegally  by  him  to  said  Isaac  Reed. 
Per  V.  M.  Rice,  November  11,  1854. 

Authority  of  the  district  to  interfere  with  the  action  of  the  trustees  in  dividing  the  public 

money. 

There  is  no  doubt  that  the  district  may  direct  the  trustees  how  to  divide  tho 
money  between  the  different  terms,  and,  in  the  absinico  of  any  such  direction, 
it  is  equally  clear  that  the  matter  is  left  to  the  discri'tion  of  the  trustees.  In 
the  present  instance,  the  annual  and  a  subsequent  adjourned  meeting  passed 
without  any  action  being  taken  in  regard  to  the  public  money,  nor  was  it  till 
after  the  school  had  commenccid,  and  the  trustees  had  completed  their  arrange- 
ments for  its  sujjport  by  dividing  the  money,  that  any  movement  was  made 
in  regard  thereto  by  the  district. 

It  has  been  repeatedly  held  by  the  department  that,  wdiere  the  district  has 
given  no  direction,  and  the  trustees  have  already  apportioned  the  public 
money,  the  district  has  no  further  control  over  it.  It  was  competent  for  the 
district  to  act  on  this  question  at  their  annual  meeting,  and  their  neglect  to  do 
BO  invested  the  trustees  with  the  control  of  the  matter.  It  is  too  late,  after  the 
trustees  have  exercised  the  authority  thus  duly  vested  in  them,  and  the  school 
has  commenced  to  change  the  entire  policy  thus  established.  Per  II.  II.  Van 
Dyck,  Superintendent,  January  20,  1858. 


348  Religious  Meetings. 

In  the  apportionment  of  public  money,  tmstces  should  he  governed  by  the  wishes  of  the 
disti'ici;  therefore,  wlien  the  inhabitants  at  r.  district  meeting  adopt  a  re^sohltion  in 
reference  to  the  apportionment  of  the  public  money  which  was  not  by  its  terms  restricted 
to  one  year,  the  trustees  should  regard  it  as  continuous  in  its  operation. 

It  is  stated  to  have  been  the  custom  of  the  district  to  apply  two-tliirds  of 
the  public  money  to  the  winter  term,  and  the  remainder  to  the  summer  term. 
The  api)ellant  desires  this  apportionment  to  Ije  continued.  He  states  that  no 
vote  was  taken  on  the  subject  of  a  division  at  the  last  annual  meeting,  under 
the  impression  probably  that  such  direction  was  in  force  for  a  period  longer 
than  a  year. 

It  is  not  perceived  that  the  statute  requires  the  inhabitants  to  reiterate  their 
wishes  annually  in  this  respect,  and  as  it  is  a  matter  in  regard  to  which  the 
interests  of  the  district  are  not  liable  to  change  from  year  to  year,  there  is  no 
reason  of  policy  requiring  such  an  interpretation.  If  the  last  resolution 
adopted  by  the  district  in  relation  to  this  subject  was  not  by  its  terms  restricted 
in  its  operations  to  a  year,  or  some  other  definite  period,  the  trustees  should 
regard  it  as  still  in  force  and  as  furnishing  the  rule  for  their  action. 

As  it  does  not  appear  from  the  appeal  what  the  fact  may  be  in  relation  to 
tliis  point,  the  Superintendent  can  only  indicate  the  principle  which  should 
govern. 

It  is  inferred,  from  the  statements  of  the  appeal,  to  be  quite  probable  that  a 
portion  of  the  $.^2,  said  to  be  due  to  the  teacher  for  wages,  was  earned  by 
service  rendered  prior  to  the  first  day  of  last  January,  in  which  case  it  should 
not  be  compensated  from  the  money  apportioned  this  year,  but  a  rate  bill 
should  be  issued  (levied),  the  amount  collected  upon  which  shall  be  employed 
to  remunerate  said  teacher,  or  to  replace  the  sum,  if  it  has  been  borrowed  from 
the  apportionment  of  this  year. 

The  appeal  is  sustained.  Per  E.  P.  Smith,  Deputy  Superintendent,  April  24, 
1855. 


RELIGIOUS  MEETINGS. 

Use  of  school-house  for  religious  meetings  considered. 

The  quiet  assembling  of  orderly  persons  for  religious  instntction,  not  at 
unreasonable  hours,  cannot  be  a  serious  injury  to  the  school-house,  nor  to  the 
educational  interests  generally  of  the  district. 

At  all  events,  I  ani  not  disposed  to  interfere  with  the  discretion  of  the  trus- 
tees in  regard  to  a  proper  custody  of  the  school-house,  until  the  abuse  of  that 
discretion  is  clearly  proven  by  evidence  showing  that  positive  injury  and  dam- 
age has  resulted  from  allowing  the  school-house  to  be  used  for  other  than 
school  purposes.     Per  II.  II.  Van  Dyck,  Superintendent,  March  15,  1859. 

An  application  to  close  the  school-house  against  religious  meetings  must  show  some  injury 
resulting  from  such  use. 

An  appeal  is  taken  from  the  action  of  the  trustees  in  allowing  the  school- 
house  to  be  used  for  religious  puri)Oscs. 

This  complaint  is  not  denied,  but,  as  the  appellant  does  not  show  that  any 
injury  results  to  the  school-house  nor  to  the  district  from  the  holding  of 
meetings,  there  is  not  presented  any  grievance  dmnantling  the  interposition 
of  this  department.     Per  II.  H.  Van  Dyck,  Superintendent,  January  3,  185i). 

School-house  may,  under  certain  circumstances,  be  used  for  religious  meetings,  lectures,  etc. 

It  is  alleged  and  not  denied,  that  the  school-house  is  used  for  the  purpose 
of  holding  religious  meetings  occasionally  upon  Sunday.  It  is  not  alleged 
that  any  injury,  damage,  or  loss  is  sustained  by  the  district  in  consequence  of 
these  meetings. 


Religious  Meetings.  34v> 

The  trustees  have  the  custody  of  the  liouse,  and  their  rij^ht  to  allow  it  to  be 
used  for  other  than  school  purposes  under  such  restrictions  as  will  prevent 
any  interference  with  its  leffitimato  and  primary  use  is  nowhere  limittsd  by 
statute.  This  department  will  not  interfere  with  the  action  of  the  trustees  in 
this  matter,  except  upon  due  )iroof  of  injury  or  loss  to  tlie  district,  resulting 
from  the  use  of  the  house  for  other  than  school  purposes.  I  am  disposed  to 
hold,  with  a  previous  opinion  of  this  department,  found  in  BandaU's  School 
System,  220,  that  the  school-house  may  be  used,  out  of  school  hours  and  when 
not  wanted  for  district  purposes,  for  religious  meetiuos,  Sunday  schools, 
lectures,  or  any  otiier  moral,  literary  or  useful  purpose,  with  the  a])probation 
of  a  majority  of  ibe  district,  and  consent  of  trustees.  Per  H.  11.  Van  Dyck, 
Superintendent,  January  7,  18G0. 

Trustees  cannot,  under   ai;y  circumstances,  be    required  to  open    the  school-house  for 

religious  meetings. 

This  department,  in  its  late  action,  has  favored  the  policy  of  opening  the 
school-house  for  religious  and  other  worthy  objects,  when  not  wanted  for 
school  purposes.  Where  this  power  is  exercised  by  the  trustees,  within  the 
limits  of  a  proper  discretion,  and  regard  for  the  district  property,  the  depart- 
ment will  not  interfere. 

But  this  is  very  difiFerent  from  compelling  the  trustees  to  open  the  house  for 
such  purposes.  They  cannot,  as  trustees  of  the  district,  be  compelled  to  do 
any  act  not  specifically  within  the  range  of  duties  prescribed.  They  are  under 
no  obligation  to  yield,  even  to  the  unanimous  wish  of  the  district,  to  open  the 
school-house  for  other  than  school  purposes  ;  and  for  the  reason  that  they  are 
not  elected  as  guardians  of  the  moral  or  religious  interests  of  the  district,  but 
of  its  educational  interests.  They  cannot  be  compelled  to  take  action  outside  of 
their  othcial  relations.  For  their  refusal  to  comply  with  the  wishes  of  the 
district  in  matters  outside  their  official  relations,  there  is  no  remedy  but  to 
elect  others  in  their  places,  as  fast  as  their  terms  of  service  shall  expire.  Per 
H.  H.  Van  Dyck,  Superintendent,  June  7,  1860. 

Trustees  will  not  he  ordered  to  open  the  school-house  for  religious  meetings. 

No  denomination  has  a  right  to  the  use  of  the  school-house  for  religious  or 
other  purposes.  Whoever  occupies  it  for  other  than  school  purposes  does  so 
by  sufferance  only.  The  trustee  who  allows  such  privileges  to  be  exercised 
does  so  without  the  sanction  of  any  statute  law,  and  is  personally  responsible 
for  any  inj  ury  to  the  property  caused  thereby. 

No  inhabitant  of  the  district  has  a  right  to  demand  any  thing  from  the 
trustee  as  an  officer,  which  he  is  not  lawfully  bound  to  grant ;  and  this  depart- 
ment has  110  authority  to  order  him  to  do  any  thing  not  required  or  contem- 
plated by  the  law  prescribing  his  duties.  Consequently,  the  Superintendent 
has  not  authority  to  order  the  trustee  to  open  the  school-house  for  other  than 
school  purposes.     Per  V.  M.  Rice,  Superintendent,  May  5,  1863. 

Religious  exercises  are  not  a  part  of  district  school  exercises,  and,  therefore,  no  portion  of 
the  regular  school  hours  is  to  be  consumed  in  conducting  them. 

A  teacher  has  no  right  to  consume  any  portion  of  the  regular  school  hours 
in  conducting  religious  exercises,  especially  where  objection  is  raised.  The 
principle  is  this:  Common  schools  are  supported  and  established  for  the  pur- 
pose of  imparting  instruction  in  the  common  English  branches;  religious 
instruction  forms  no  part  of  the  course.  The  proper  places  in  which  to  receive 
such  instruction  are  churches  and  Sunday  schools,  of  whicli  there  is  usually  a 
sufficient  numl)er  in  every  district.  The  money  to  support  schools  comes  from 
the  people  at  large,  irrespective  of  sect  or  denomination.  Consequently, 
instruction  of  a  sectarian  or  religious  denominational  character  must  be 
avoided,  and  teachers  must  confine  themselves,  during  school  hours,  to  their 
legitimate  and  proper  duties.  Per  V.  M.  Rice,  February  5,  18GG.  (Ldlers,  vol. 
5,  p.  123.) 


360  -  Repairs. 

REPAIRS. 

Kepain  in  the  way  of  removing  a  desk  and  substituting  a  table  approved  aa  necessary. 

On  an  appeal  from  a  tax  list  made  out  by  the  trustee,  the  complaint  is  that 
the  trustee  has,  without  authority,  removed  a  desk  from  the  school-room,  and 
provided  in  its  place  a  table  and  chair.  I  infer  that  the  appellants  have  little 
idea  of  the  conveniences  and  necessities  of  school-room  furniture.  If  they  had, 
they  would  never  object  to  any  reasonal)le  expense  incurred  in  substituting  a 
table  and  chair  for  a  desk  and  bench.  But,  aside  from  the  convenience  to  the 
teacher  which  is  thus  promoted,  it  is  in  evidence  that  the  room  thus  occupied 
by  tliis  cumbrous,  unseemly  and  awkward  desk  was  absolutely  needed  for 
class  exercises — there  being  no  place  where  pupils  in  class  could  be  accommo- 
dated without  exposure  to  the  burning  heat  of  the  stove.  Under  these  circum- 
stances, I  can  not  but  regard  the  alteration  as  comprised  under  the  head  of 
"necessary  repairs,"  for  which  the  trustee  is  authorized  to  levy  a  tax  not 
exceeding  ten  dollars.     Per  H.  H.  Van  L)yck,  Superintendent,  April  16, 1861. 

Where  a  district  has  voted  to  make  certain  repairs  to  the  school-house  at  a  certain  expense, 
and  these  repairs  have  been  made  under  the  direction  of  one  trustee,  the  other  trustees 
■will  be  required  to  unite  in  making  out  a  tax  and  warrant  for  the  expenses  thus  incurred, 
to  the  amount  voted. 

At  a  district  meeting  it  was  resolved  to  repair  the  school-house,  and  a  com- 
mittee was  appointed  to  report  in  regard  to  the  plan  for  repairing,  and  the 
necessary  expense.  Tlieir  report  set  forth  what  repairs  were  expedient,  and 
stated  that  they  could  be  effected  by  raising  tlie  sum  of  twenty  dollars.  This 
report  was  adoj)ted  by  a  vote  of  thirteen  to  six,  and  the  repairs  were  made 
under  the  direction  of  one  trustee  and  tlie  committee  before  mentioned,  without 
the  consent  or  approval  of  the  other  two  trustees,  and  they  refuse  to  unite  in 
making  out  a  tax  list  for  the  amount  thus  expended. 

Held,  that  the  direction  of  the  voters  to  repair  the  school-house,  and  fixing 
the  extent  and  cost  of  the  repairs  at  twenty  dollars,  was  equivalent  to  voting 
that  sum,  and  the  trustees  have  no  excuse  for  refusing  to  make  out  a  tax  list 
therefor.  The  error  of  the  trustees  cousists  in  their  assuming  to  judge  of  the 
expediency  of  the  repairs.  This  was  settled  by  the  district,  and  the  trustees 
ai-e  bound  to  acquiesce  in  and  execitte  its  will.  Per  H.  H.  Van  Dyck,  Super- 
intendent, July  17,  1857. 

TruBtees  may  make  any  repairs  on  school-house,  pursuant  to  the  direction  of  school  com- 
missioner. 

Section  50  of  title  7  of  the  consolidated  school  act  of  1864  declares :  "  They, 
the  trustees,  may  make  any  repairs  pursuant  to  the  direction  of  the  school 
commissioner."  Should  a  school  meeting  pass  a  resolution  as  follows,  viz.: 
"  Resolved  that  the  trustees  be  directed  to  repair  the  school-house  and  make  it 
comfortable  for  school  purposes,"  I  should  think  it  advisable  and  safest,  there- 
upon, before  making  any  very  extensive  repairs,  to  procure  the  direction  of 
your  school  commissioner,  specifying  what  repairs  are  to  be  made. 

In  his  order  directing  the  trustees  to  make  the  repairs,  he  would  do  well  to 
commence  with  a  preamble,  setting  forth  that,  whereas  the  inliabitants  of 

school   district  No.  — ,  of  tlie  town  of  ,  did,  at  a  school  meeting 

legally  called  and  held  at  the  school-house  in   said   district  on  the day 

of  October,  1865,  pass  the  following  resolutions,  viz.  (give  the  resolutions), 
and  whereas  the  trustees  of  said  district,  viz.  (gi\ing  their  names),  have 
requested  me  to  designate  such  repairs  as  it  shall  deem  jjrojjcr  to  be  made, 
pursuant  to  the  resolution,  and  to  a  direction  given  by  me  for  making  repairs, 
as  provided  by  section  50  of  tith;  7  of  th(!  consolidated  school  act  of  1864,  now, 
therefore,  etc.,  ordering  specifically  the  repairs  to  be  made.  The  conimissinner 
cannot  autliorize  the  trustees  to  build  anew,  but  merely  to  rei)air  what  has 
been  formerly  built  or  constructed.  Per  V.  M.  Rice,  Superintendent  of  Public 
Instruction,  October  27,  1865.  {Ldters,  v<A.  4.  p.  417.) 


Residence  —  Non-resident  Pupils.  35 J 


RESIDENCE  — NON-RESIDENT  PUPILS. 

An  inhabitant  cannot  gain  a  residence  in  another  district  by  taljin^  a  portion  of  his  family 
with  himself  thereto,  so  as  to  send  his  children  to  school  therein. 

The  following  statement  of  facts  is  submitted  by  the  parties : 

Barclay  Miller  o^^'ns  a  farm  in  district  No.  5,  upon  which  he  lived  till  tho 
eprinp:  of  1847,  when  he  removed  to  another  farm  in  district  No.  12,  leaving 
his  son  in  the  occupancy  of  the  farm  in  No.  5. 

On  or  about  the  25tli  of  November,  1848,  a  district  school  was  commenced  in 
No.  5,  to  which  Mr.  Barclay  Miller  sent  part  of  his  children.  Upon  the  repre- 
sentation of  the  teacher  that  the  school  was  already  too  large,  the  trustees 
directed  him  to  dismiss  Mr.  Miller's  children  from  school. 

Whereupon  Mr.  Miller  came  with  his  children  and  a  part  of  his  furniture  to 
his  eon's  house  in  No.  5,  leaving  his  wife  at  his  house  in  No.  13.  His  son  went 
to  the  fami  in  No.  12,  but  left  his  wife  at  the  house  in  No.  5.  Mr.  Barclay 
Miller  has,  since  this  arrangement,  somivtimcs  lodged  at  his  house  in  No.  12, 
and  his  son  has  also  occasionally  lodged  at  the  house  in  No.  5.  Barclay  Miller 
took  with  him  to  No.  5  his  horses  and  milch  cows,  but  had  stock  on  both  farms, 
and  has  since  killed  his  hogs  at  the  house  in  No.  12,  and  there  packed  the  pork. 

Under  this  statement  of  facts,  Barclay  Miller  cannot  claim  to  be  a  resident 
of  district  No.  5.  The  trustees  have  power  to  dismiss  his  children  from  the 
school,  or,  if  they  permit  them  to  attend,  they  are  not  entitled  to  share  in  the 
public  money  of  the  district,  nor  can  they  be  lawfully  enumerated  as  children 
residing  in  the  district.  Mr.  Miller  is  a  resident  of  No.  12,  and  liis  children 
must  be  there  enumerated.     Per  Morgan,  January  11,  1849. 

A  resident  of  a  district  is  not  responsible  for  the  tuition  of  a  non-resident  pupil  who  simply 
boards  with  the  former,  unless  the  trustees  notify  him  at  the  commencement  of  the  school 
that  he  will  be  held  responsible  for  the  tuition^ 

In  this  case  the  appellant  represents  that  the  trustees  have  charged  him 
eighty-two  cents  for  the  tuition  of  Erastus  Hibbard,  the  son  of  a  non-resident 
of  the  district,  and  who  was  a  mere  boarder  in  his  house ;  and  he  alleges,  in 
express  terms,  that  he  did  not  send  him  to  the  school  nor  engage  to  pay  his 
tuition,  and  that  he  had  no  control  nor  jurisdiction  over  him.  No  answer  has 
been  put  in  by  the  trustees,  although  a  copy  of  the  appeal,  duly  verified,  was 
served  upon  one  of  their  number  on  the  28th  of  April  last.  The  statement  of 
the  appellant,  therefore,  must  be  taken  to  be  true,  and,  under  such  circum- 
Btances,  he  cannot  be  regarded  as  legally  liable  for  the  tuition  of  the  boy.  If 
the  trustees  had  designed  to  hold  him  responsible,  it  was  their  duty  to  have 
apprised  him  of  the  fact  at  the  commencement  of  the  term.  Not  having  done 
Bo,  they  must  look  to  the  father  of  the  boy. 

It  is,  therefore,  ordered  that  the  trustees  strike  from  the  rate  bill  (tax  list) 
the  charge  against  the  appellant  for  the  tuition  of  Erastus  Hibbard.  Per 
Morgan,  May  18,  1849. 

It  is  illejral  for  tmstees  to  enumerate  children  in  their  districts  between  the  ages  of  fire  and 
fixteen,  unless  they  compose  a  part  of  the  family  of  tlieir  parents  or  guardians  or  employ- 
ers, if  sucli  parents  or  guardians  or  employers  reside  at  the  time  iu  such  district. 

The  trustees  in  district  No.  5,  in  the  town  of  Davenport,  included  in  their 
annual  report,  dated  December  31,  1848,  sixty-two  children  under  sixteen  and 
over  five  years  of  age,  attending  a  private  school  imder  charge  of  S.  D.  Fergu- 
Bon.  The  children  attending  this  private  school  had  parents  residing  mostly 
in  New  York  and  Philadelphia,  and  tlic  parents  of  none  of  them  in  the  district. 
Kve  of  said  sixty-two  children  were  orphans.  It  was  not  known  to  tho  depart- 
ment whether  the  said  orphans  were  8U)>port(!d  by  Mr.  Ferguson,  or  were 
boarded  like  the  rest,  or  were  sent  to  school  by  their  guardians,  but  the  latter 
is  supposed  to  have  been  the  truth. 


352  Residence  —  Nox-eesident  Pupils. 

The  ecliool  law,  section  118,  of  1847,  directs  the  trustees  to  include  in  their 
report  all  children  over  five  and  under  sixteen  years  of  age,  who  shall,  at  the 
date  of  such  report,  actually  be  in  the  district,  composing  a  part  of  the  family 
of  their  parents  or  guardians  or  employers,  if  such  parents  or  guardians  or 
employers  reside  at  the  time  in  such  district.  From  this  law  it  would  seem  to 
be  very  clear  that  not  one  of  the  sixty-two  children  attending  Mr.  Ferguson's 
school  could  be  lawfully  enumerated  in  the  annual  report  of  the  trustees.  ' 

Tlie  trustees  of  district  No.  5  were,  therefore,  wrong  in  including  these 
children  in  their  report.     Per  Morgan,  March,  1849. 

Children  of  temporary  residents  are  to  be  enumerated  in  the  annual  reports  of  trustees. 

The  language  of  the  law  is  that  "  all  children  actually  residing  in  the 
district  on  the  first  day  of  January,  although  such  residence  may  be  temporary, 
shall  be  included  in  the  reports  of  the  trustees."  And,  again,  "  All  children 
included  in  the  reports  of  the  trustees  of  any  school  district  shall  be  entitled 
to  attend  the  schools  of  such  district." 

These  provisions  were  evidently  intended  especially  to  meet  the  case  of  the 
children  of  laborers  on  our  public  works,  and  others  temporai'iiy  residing  in 
school  districts.     Per  Young,  May  27,  1842. 

When  an  inhabitint  moves  from  one  school  district  into  another  for  the  purpose  of  avoiding 
an  enumeration  of  his  children  in  the  former  district,  and  immediately  after  the  enume- 
ration moves  bacli.  tlie  town  superintendent  (school  commissioner)  should  apportion  the 
money  drawn  on  account  of  his  children  to  the  former  district. 

In  this  case  the  appellants  transferred  their  residence  from  joint  district 
No.  3,  (,'herry  Creek  and  Ellington,  where  they  have  for  several  years  resided, 
to  district  No.  7  in  Cherry  Creek,  on  the  80th  of  December  last,  with  the 
obvious  intention  and  design  of  having  their  children  enumerated  in  the  latter 
district,  where  they  generally  attend  school,  owing  to  some  difficulties  existing 
in  district  No.  3.  On  the  1st  of  January,  both  the  appellants  returned  to  their 
former  residences  in  the  latter  district,  where  they  have  since  remained,  and 
which  is  their  permanent  residence. 

The  town  superintendent,  under  these  circumstances,  very  properly  refused  to 
sanction  the  fraudulent  attempt  to  evade  the  spirit  and  intent  of  the  law,  and 
apportioned  the  money  drawn  on  account  of  their  children  to  district  No.  3. 
In  this  he  has  been  sustained  by  the  county  superintendent,  whose  decision 
must  be  affirmed.     Per  S.  Young,  April  10,  1844. 

Children  of  non-residents  are  not  entitled  to  attend  a  district  school  without 
permission  of  the  trustees,  and  upon  such  terms  as  may  be  agreed  upon.  They 
cannot  be  permitted  to  share  in  tlie  jjublic  money  appropriated  to  the  district 
under  any  circumstances.     Per  Spencer,  March  26,  1841. 

The  power  to  admit  to  the  district  schools  non-resident  pupils  is  vested  by  statute  in  the 
trustees  exclusively. 

The  inhabitants  of  district  No.  1,  Elba,  at  their  annual  meeting,  September 
4,  18oo,  passed  a  resolution  to  exclude  non-resident  children  from  the  district 
school.     An  ap])eal  was  brought. 

Ho  much  of  tiie  resolution  as  assumes  to  close  the  school  against  pupils  from 
other  districts  is  unautliorized.  Tlie  trustees  are  invested  with  the  power  to 
admit  such  pupils  by  the  cx])ress  terms  of  the  statute.  It  is  their  duty  to  pre- 
scribe the  conditions  of  admission,  and  they  ought  to  l)e  such  as  to  indemnify 
tlic  district  against  any  increased  expense;  resulting  from  the  attendance  of 
non-residents.  Proper  security,  moreover,  ought  to  be  taken  in  advaiic;  i'or  the 
payment  of  any  bills  for  tuition  to  which  such  i)ui)ils  may  be  suljected,  as 
they  cannot  be  collected  upon  a  rate  bill  or  by  warrant.  Per  E.  P.  Smith, 
Deputy  Superintendent,  October  20,  1855. 


Residence  —  Non-resident  Pupils.  353 

Wliat  constitutes  rcpiflence. 
Trastees  have  the  authority  to  exclude  non-resideut  pupils  from  the  district  school. 

This  is  an  appeal  from  the  refusal  of  the  trustees  to  allow  one  Eveline  Oaks 
to  attend  the  district  school. 

Tlie  said  Evt-line  Oaks  is  a  minor  and  a  relation  of  the  appellant.  Her 
mother,  a  widow,  resides  with  her  family  in  district  No.  0  adjoining.  The 
appellant  fails  to  show  that  it  is  the  intention  of  the  child  or  of  the  mother  to 
change  the  residence  of  the  cliild  from  district  No.  9  to  the  district  from  which 
tlie  appeal  is  brought.  No  such  intention  being  shown,  the  legal  doctrine  that 
the  residence  of  the  parent  is  the  residence  of  tlie  child  prevails,  and  the  res- 
idence of  Eveline  Oaks  must  be  regarded  as  being  with  her  raotlier  in  district^ 
No.  9.  She  is,  therefore,  not  entitled  to  any  privih'ges  in  the  district  from 
which  this  appeal  is  brought,  and  the  trustees  of  the  latter  district  have  exer- 
cised a  just  and  legal  discretion  in  excluding  her  from  the  school.  Their 
action  must,  therefore,  be  approved,  and  the  appeal  be  dismissed.  Per  H.  H. 
Van  Dyck,  Superintendent,  February  8,  1860. 

Where  children  whose  home  has  been  broken  up  are  brought  to  the  residence  of  a  grand 
father  to  find  care  and  protection,  for  an  indefinite  period,  they  become  residents  of  the 
district  in  which  .^uch  grandparent  lives. 

An  appeal  is  talten  from  the  decision  of  the  trustees  of  a  district  refusing  to 
admit  certain  children  into  the  district  school,  or  to  share  in  the  public  moneys 
thereof. 

The  children  whose  admission  is  thus  refused  are  within  the  age  prescribed 
to  entitle  them  to  the  privileges  of  the  school,  and  are  residing  with  their  grand- 
father, an  inhabitant  of  the  district.  It  also  appears  that  the  home  of  the  par- 
ents of  these  children  has  been  entirely  broken  up,  and  that  they  are  brought 
to  the  residence  of  their  grandfather  to  find  the  care,  protection  and  privileges 
of  a  liome. 

Tlie  ground  of  objection  to  their  admission  is,  that  they  are  not  residents 
of  the  district. 

Ildd,  tliat  they  are  residents  of  the  district  in  the  fullest  sense,  as  implied  by 
tlie  statute,  and,  as  such,  entitled  to  a  share  in  the  public  moneys  apportioned 
to  the  district  in  which  they  reside.  Per  H.  H.  Van  Dyck,  Superintendent, 
September  28,  1857. 

Children  attending  an  academy  or  boarding-school  are  to  be  enumerated  by 
the  trustees  for  the  purpose  of  drawing  public  money  only  where  their  parents 
are  actually  residents  of  the  district  in  whicli  such  academy  or  boarding-school 
is  situated.  Per  V.  M.  Rice,  Superintendent  of  Public  Instruction,  April  13, 
1854.  {Letters,  vol.  1,  p.  12.) 

Where  a  child  goes  into  a  district  to  get  employment,  and  not  for  tne  purpose  expressly  of 
attending  the  school,  he  is  a  resident  of  such  "district,  and  entitled  to  a  portion  of  the  pub- 
lic money  apportioned  to  district,  as  also  to  share  in  the  privileges  of  the  school. 

What  constitutes  a  child  a  resident  of  a  district  depends  upon  circumstances. 
If  the  child  removes  to  a  district  for  the  sole  purpose  of  attending  school 
in  such  district,  the  parents  or  guardian  meanwhile  residing  elsewhere,  such 
child  does  not  become  a  resident  of  tlie  district,  so  as  to  be  entitled  to  share 
in  the  distribution  of  the  public  money.  But  where  the  child  goes  into  a 
district  for  the  purpose  of  obtaining  employment,  and  of  remaining  in  such 
district,  the  employment,  and  not  the  scliooj,  dra\\ang  him  to  such  district,  in 
such  case,  he  would  be  entitled  to  the  privilege  of  the  school,  and  to  share  in 
the  public  money  apportioned  to  the  district.  Per  S.  D.  Barr,  Deputy  Super- 
intendent, December  14,  1865.  {Letters,  vol.  4,  p.  675.) 

Question  of  residence  sufflcient  to  entitle  a  pupil  to  the  privileges  of  the  school  considered. 

This  is  an  appeal  from  the  action  of  the  trustees  in  excluding  from  the  school 
one  Mercy  0.  Sweet,  u])on  the  ground  that  she  is  a  non-resident. 

45 


354  Residence  —  Non-resident  Pupils. 

The  evidence  establishes,  I  tliinlv,  tliat  the  relations  subsisting  between  the 
said  Mercy  C.  Sweet  and  the  appellant  are  such  as  to  make  the  home  of  the 
appellant  the  residence  of  the  said  Mercy  C,  whereby  she  is  entitled  to  the  priv- 
ileges of  the  district  school.  The  primary  object  of  the  pupil  in  coming  into 
the  district  appears  to  be  to  find  a  home  in  the  family  of  the  appellant,  and  to 
render  service  in  labor  as  the  consideration  for  such  home. 

It  is  always  safer  to  err  upon  the  side  of  liberality  than  of  exclusion  in  these 
matters  Avhere  any  doubt  is  found  to  exist ;  but,  in  the  present  case,  the  testi- 
mony appears  to  admit  of  no  doubt. 

The  trustees  are,  therefore,  directed  to  admit  the  said  Mercy  C.  Sweet  to  the 
4)rii.ileges  of  the  school.  Per  E  W.  Keves,  Acting  Superintendent,  December 
23,  1861. 

The  question  of  residence  to  entitle  a  pnpil  to  tlie  privileges  of  school  to  be  liberally 
construed  in  favor  of  the  pupil. 

It  is  proper  that  the  trustees  should  use  all  due  precaution  to  prevent  an 
abuse  of  the  privileges  of  the  district,  and  that  the  pretext  of  service  or 
employment  should  not  be  used  to  cover  a  primary  and  special  purpose  of 
attending  school.  On  the  other  hand,  a  liberal  construction  of  the  law  and 
application  of  the  powers  of  trustees  may  be  rightfully  extended  toward 
those  inhabitants  of  a  free  school  district  who  pay  their  i)roportion  of  taxes 
for  the  support  of  school,  but  who,  having  no  children  to  receive  its  advantages, 
desire  to  introduce  members  into  their  family  for  society  or  service,  or  both, 
and  to  extend  to  them  the  advantages  of  education  which  their  own  children 
might  enjoy.     Per  E.  W.  Keyes,  Deputy  Superintendent,  April  28,  1863. 

Facts  which  prove  residence  in  opposition  to  the  affidavit  of  the  party. 

Appeal  is  taken  from  a  decision  of  the  supervisors  of  the  towns  of  Castleton 
and  Southfield,  Richmond  county,  on  an  application  made  to  them  to  fill  a 
vacancy,  claimed  to  exist  in  the  office  of  trustee  in  district  No.  1,  in  said  towns, 
the  supervisors  having  decided  that  no  vacancy  exists. 

The  only  question  is  one  of  residence,  and  relates  to  the  change  of  residence 
of  Jas.  O.  Ludlow,  Avho,  it  is  claimed,  has  removed  from  the  district,  thereby- 
vacating  the  office  of  trustee,  to  which  he  was  elected  in  1856.  In  support  of 
this  claim,  it  is  shown  that  })reviously  to  last  spring  Mr.  Ludlow  resided  in 
said  district  with  his  family,  and  did  business  therein  ;  that  some  time  in  the 
spring  he  sold  out  his  store  in  said  district,  and  has  since  that  time  done  no 
business  in  the  district  in  his  own  name.  Further,  in  May  last,  the  said  Lud- 
low leased  a  house  in  the  city  of  New  York,  for  three  years,  and  removed  his 
family  there ;  that  his  family  still  reside  there  ;  that  his  name  appears  upon 
the  door  of  said  house  where  his  family  reside ;  that  his  name  also  appears  in 
the  Directory  of  said  city  as  residing  therein,  aud  at  the  street  and  number 
where  his  family  reside  and  his  nana;  is  found,  and  of  which  premises  he  is 
known  to  have  taken  a  lease.  Also,  that  he  himself  resides  at  said  place  with 
his  family.         • 

Opposed  to  this  evidence  is  the  affidaAit  of  Mr.  Ludlow  himself,  averring  that 
he  has  been  for  the  last  sixteen  years  a  resident  of  said  district  No.  1,  and 
that  he  has  not  removed  from  said  district. 

To  ray  mind,  no  clearer  case  of  remcjval  could  be  made  out.  His  affidavit  to 
the  contrary,  establishes  notliing  more  than  tliat  lu;  desires  to  regard  district 
No.  1  as  his  residence.  Bvit  that  does  not  make  it  such.  I  can  come  to  no 
other  conclusion  than  that  Mr.  Ludlow  is  no  longer  a  resident  of  district  No. 
1,  and  that,  in  consequence  of  his  removal  from  said  district,  there  exists  a 
vacancy  in  the  otlice  of  trusteci,  wliich  the  district  or  the  supervisors  are  compe- 
tent t^  fill.     Per  H.  II.  Van  Dyck,  Superintendent,  Oct(jber  12,  1858. 

Adults  may  be  admitted  to  school  on  the  same  terms  as  non-rcsidcnts. 
Adults  are  not  by  law  entitled  to  the  privileges  of  common  schools,  but 
this  depai-tment  would  not  discourage  trustees  from  admitting  them  upon  the 


Schools  and  Sciiool-Housks.  355 

same  terms  as  non-residents.  But,  when  such  pupils  commence  attending 
school,  there  should  be  a  distinct  understandincr  between  them  and  the  trus- 
tees as  to  the  price  they  must  pay  for  their  tuition  ;  and  in  no  case  can  they 
be  admitted  to  a  participation  in  the  public  money.  Per  V.  M.  Rice,  Superin- 
tendent, December  8,  1854.  {Letters,  vol.  1,  p.  438.) 

A  meeting  will  not  be  ordered  to  enable  the  inhabitant?  to  take  action  upon  tlie  question 
of  admission  to  llie  school  of  non-resident  pupils. 

This  is  an  appeal  from  the  refusal  of  trustees  to  call  a  special  meeting  at  the 
request  of  a  respectable  number  of  the  inluibitants. 

The  object  for  whicii  the  said  meeting  was  to  be  called  was  to  consider  the 
propriety  of  admitting  pupils  to  the  school  from  out  of  the  district. 

This  object  is  at  no  time  witiiin  the  power  or  discretion  of  the  inhabitants 
to  control  ;  consequently,  there  exists  no  neces.sity  for  suoh  meeting,  and  the 
triistees  are  justified  in  their  refusal  to  call  it.  Per  H.  H.  Van  Dyck,  Superin- 
tendent, January  o,  1859. 


SCHOOLS  AND  SCHOOL-HOUSES. 

Bchool  may  be  opened  with  pra3-ers,  provided  that  it  be  done  before  school  hours,  and  that 
there  be  no  compulsion  to  enforce  attendance. 

In  an  appeal  to  the  Superintendent,  certain  inhabitants  of  district  Xo.  15, 
Barre,  complained  that  the  teacher,  with  the  permission  of  the  trustees,  "made 
prayer  part  of  school  discipline."  The  trustees  replied  that  they  had  permitted 
the  teaclier  to  have  prayers,  on  condition  that  they  should  be  had  previous  to 
school  hours,  and  they  alleged  that  he  did  not  occupy  school  hours.  The 
Superintendent  dismissed  the  appeal,  with  the  following  remarks : 

"  In  this  conduct  of  the  trustees,  the  Superintendent  can  perceive  no  cause  of 
complaint.  Both  parties  have  rights ;  the  one  to  bring  up  their  children  in  the 
practice  of  publicly  thanking  their  Creator  for  his  protection,  and  invoking  His 
blessing ;  the  other,  of  declining,  in  behalf  of  their  children,  the  religious 
services  of  any  person  in  whose  creed  they  may  not  concur,  or  for  other  reasons 
satisfactory  to  themselves.  These  rights  are  reciprocal,  and  should  be  pro- 
tected, equally  ;  and  neither  .should  interfere  with  the  other.  Tho.'^e  who  desire 
that  their  cliildren  sliould  engage  in  public  prayer  have  no  right  to  compel 
other  children  to  unite  in  the  exercise,  against  the  wishes  of  their  parents. 
Nor  have  those  who  object  to  the  time,  place  or  manner  of  praying,  or  to  tlia 
person  who  conducts  the  exercises,  a  right  to  deprive  the  other  cIp.ss  of 
the  opportunity  of  habituating  their  children  to  what  they  conceive  an  imperi- 
OTIS  duty.  Neither  the  common  school  system,  nor  any  other  social  system, 
can  be  maintained,  unless  the  conscientious  views  of  all  are  equally  respected. 
The  simi)le  rule,  so  to  exercise  your  own  rigiits  as  not  to  infringe  on  those  of 
others,  will  preserve  equal  justice  among  all,  promote  harmony,  and  insure 
success  to  our  schools.  In  tho  present  case,  the  Su))erintendent  thinks  the 
trustees  had  lawful  right  to  permit  tlie  teacher  to  commence  the  business  of 
the  day  by  public  prayer,  with  the  children  of  such  parents  as  desired  it ;  and 
they  were  al.so  right  in  directing  that  such  exercises  should  not  take  place 
during  school  hours,  nor  form  a  part  of  school  discipline." 

Anothc.T  branch  of  this  first  question  is  whether  the  teacher  has  a  right  to 
compel  the  cluldreu  to  kneel,  during  prayer,  or  to  dispense  with  their  ordinary 
business. 

The  answer  already  given  proceeds  upon  the  principle  that  prayer  is  no  part 
of  the  business  of  a  common  school,  but  that  parents  may  place  their  children 
imder  the  superintendence  and  government  of  a  teacher  for  that  purpose.     Of 


356  Schools  and  School-Houses. 

course  liis  jurisdiction  would  extend  to  that  only.  But  otliers  have  no  right  to 
disturb  the  performance  of  wliat  is  considered  a  sacred  duty.  As  the  one  clas3 
is  reiiuired  to  abstain  frona  all  attempts  to  compel  the  children  of  the  other 
class  to  engage  in  an  exercise  which  the  latter  disapprove,  so  the  latter  should 
abstain  from  interrupting  such  exercise,  and  should  instruct  their  children, 
accordingly,  not  to  enter  the  school  room,  until  the  usual  hour  of  commencing 
school,  and  not  to  disturb  those  within  by  any  noise,  or  other  conduct  calcu- 
lated to  annoy  them.  And  the  teacher  should  allow  the  children  of  all  parents 
who  do  not  desire  them  to  engage  in  prayer  to  withdraw  from  the  room,  or  to 
absent  themselves  from  it.  But  if  they  come  into  the  room  before  the  usual 
school  hours,  and  choose  to  remain  there  during  prayer,  they  must  preserve 
the  order  and  decorum  befitting  such  an  occasion.     Per  Spencer,  May  13,  1839. 

Trn?tees  have  the  power,  when  in  their  clisci*etion  circumstances  require  it.  to  establish 
temporary  branch  schools  in  a  district,  and  employ  a  teacher,  without  any  vote  of  the  dis- 
trict, and  a  due  proportion  of  the  public  money  should  be  applied  to  the  payment  of  such 
teacher. 

It  is,  perhaps,  to  be  regretted  that  the  law  has  left  so  much  to  the  discretion 
of  trustees,  in  reference  to  the  institution  of  temporary  branch  schools.  Such 
schools  frequently  become  necessary,  owing  to  some  extraordinary  circum- 
stances which  for  the  time  being  exist  in  a  district.  Whenever  such  necessity 
does  arise,  the  trustees  have  an  undoubted  right  to  exercise  the  discretion 
which  the  statute  has  vested  in  them,  by  employing  a  teacher,  and  opening  a 
temporary  school  for  the  accommodation  of  the  children,  without  any  vote  of 
the  inhabitants.  In  this  district  the  majority  of  the  trustees  have,  on  several 
occasions,  determined  that  sucli  necessity  did  exist ;  and  the  inhalntants,  at 
their  annual  meetings  in  ISoO  and  1851,  have  ajiproved  that  determination  by 
directing  the  application  of  a  part  of  the  public  money  to  the  support  of  the 
branch  school.  The  institution  of  such  a  school  in  this  district  has  also  met 
the  approval  of  the  town  superintendent  of  Whitestown,  as  appears  from  a 
letter  addressed  by  him  to  the  department,  and  a  decided  majority  of  the  tax- 
able inhabitants  have  expressed  themselves  satisfied  with  the  proceedings  of  the 
majority  of  the  trustees,  as  appears  by  a  petition  accompanying  the  answer. 

Under  these  circumstances,  though  it  does  not  clearly  appear  that  all  the 
proceedings  of  the  district  in  relation  to  the  institution  of  the  branch  school 
nave  been  strictly  in  accordance  with  law,  I  am  of  opinion  that  harmony  and 
good  order,  which  are  so  essential  to  the  prosperity  of  a  school,  will  be  best 
secured,  and  the  interests  of  a  majority  of  the  inhabitants  be  best  promoted,  by 
sanctioning  the  proceedings  of  the  trustees  in  establishing  the  school  in  ques- 
tion, and  allowing  a  portion  of  the  public  money  to  be  applied  toward  its 
support. 

The  proceedings  of  the  trustees  are  therefore  aifirmed  and  the  appeal 
dismissed.     Per  H.  S.  Randall,  June  16,  1853. 

Trustees  will  bo  directed  to  establish  a  branch  school  in  a  remote  part  of  the  district,  where 
there  are  pui)ils  enough  to  supptn-t  a  respectable  school,  and  where  the  school-house  la 
inaccessible  some  part  of  the  year. 

An  appeal  comes  up  on  the  refusal  of  the  trustees  to  grant  the  petition  of 
the  appellant  and  six  others,  inhabitants  of  the  district,  to  establish  a  branch 
school  in  a  neigliborhood  remote  from  the  scliool-house. 

It  is  shown  that  twenty-nine  children  are  virtually  deprived  of  attendance  at 
school,  especially  during  the  inclement  season,  by  reason  of  their  remoteness 
from  tiie  school -house — and  that  a  good  comfortable  room  can  be  obtained  in  the 
neighl)orlioi)d  where  it  is  desired  to  establish  the  school,  at  a  veiy  moderate  cost. 

Ikll,  that  the  trustees  in  the  inatter  of  estal)lishing  a  ])ranch  scliool  are  not 
compelkid  to  regard  the  wislics  of  the  inhabitants,  but  are  authorized  to  act 
wholly  upon  their  own  sense  of  justice  and  right.  The  statute  confers  upon 
them  unlimited  powers,  and,  though  in  tluMr  discretion  they  may  properly  con- 
sult the  wishes  of  the  majority,  when  emphatically  expressed,  their  having 
done  so  affords  no  precedent  in  itself  for  the  guidance  of  this  department  in 


SCUOOLS    AND    SCIIOOI-IIOUSES.  357 

n^vicwinj?  the  case  and  deciding  upon  its  merits.  Whenever,  in  any  remote 
h)cality  of  the  district,  a  number  of  schohirs  sufficient  to  make  a  respectal)!© 
sciiool  are  deljarrcd,  from  the  fact  of  such  remoteness,  from  attendinjj  school, 
the  establisliment  of  a  branch  will  bo  directed.  Per  II.  H.  Van  Dyck,  Supei"- 
iutendent,  August  13,  1857. 

Action  of  trustee  in  establishing  a  branch  school  sustained. 

On  an  appeal  from  the  action  of  the  sole  trustee  in  establishing  a  branch 
school,  it  is  alleged  that  such  action  was  not  called  for  by  the  necessities  of  tho 
district ;  that  the  place  selected  is  unsuitable,  uncomfortable  and  inade(iuiit('ly 
furnished  ;  and  that  the  evils  sought  to  be  overcome  by  it  are  not  remedied  in 
the  conduct  and  management  of  the  principal  school. 

It  is  shown  by  the  trustee  tluvt,  before  the  establishment  of  the  branch 
school,  the  number  of  pupils  in  regular  attendance  was  seventy;  that  tho 
room  was  much  crowded,  and  that  no  convenient  seat  for  classes  in  recitation 
could  be  had. 

I  am  satisfied,  from  the  evidence,  that  the  act  of  the  trustee,  at  the  time,  was 
dictated  not  only  b_y  proper  motives,  but  by  circumstances  which  rendered  tho 
l)roceeding  expedient  and  necessary.  A  school  of  seventy,  or  even  sixty,  pupils 
of  all  grades,  even  where  the  room  is  commodious  and  ample  for  their  accom- 
modation, cannot  be  properly  classified  and  thoroughly  instructed  by  ono 
teacher.  A  remedy  is  found  in  the  provisions  of  the  statute,  which  authorize 
the  establishment  of  a  branch  school  when  deemed  necessary  by  the  trustee. 

Tlie  appeal  must  be,  and  hereby  is,  dismissed.  Per  H.  H.  Van  Dyck,  Super- 
intendent, March  3.5,  1859. 

Discretion  of  a  trustee  in  establishing  branch  school  overruled. 

On  an  appeal  from  tlie  action  of  the  sole  trustee  in  sustaining  two  schools  in 
the  district,  as  pul)lic  schools,  and  alike  entitled  to  share  in  tlie  public  money 
appropriated  to  said  district,  the  following  facts  aii])ear :  That  the  district  is 
al)out  three  miles  in  extent  from  north  to  south,  and  that  the  school-house 
is  situated  near  the  center.  It  further  ajipears  that  most  of  the  children  reside 
in  the  northern  part  of  the  district,  while  the  population  or  voters  of  the  dis- 
trict, interested  in  keeping  the  school  at  the  center,  are  in  the  majority.  The 
residents  of  the  nortli  part  of  the  district,  unable  to  secure  a  change  of  site, 
have  nuiintained,  during  some  portion  of  the  year,  for  some  time  past,  a  school 
in  their  vicinity,  and  have  received  toward  its  support  a  portion  of  the  pul)lic 
money.  At  the  last  annual  meeting,  it  was  voted  that  the  school  be  kept  in 
the  '■  brick  school-house,"  near  the  center  of  the  district ;  but  the  trustee  also 
employed  a  teacher  to  teach  the  school  in  tho  north  part  of  tlie  district,  and 
from  this  proceeding  the  present  appeal  is  brought. 

The  size  of  the  district,  the  numljer  of  pupils,  the  condition  of  the  district 
school-house,  are  nowliere  urged  as  conditions  giving  rise  to  this  proceeding. 
I  cannot  find,  in  the  conditions  presented,  a  necessity  for  the  establislinu-nt  of 
two  schools  in  that  district.  The  trustee  himself  concedes  that  there  is  no 
necessity  for  two  schools  in  the  district,  ex('e])t  that  created  by  feeling  in  tho 
north,  of  opposition  to  the  central  school.  If  this  feeling  is  sulficiently  strong 
to  cause  them  to  sustain  a  private  school,  there  is  no  lielp  for  it ;  but  there  is 
no  sulficient  reason,  to  my  mind,  for  fostering  and  cherishing  this  spirit  of 
opposition,  by  helping  to  support  the  scliool  by  making  it  a  jmblic  charge. 

It  is  my  opinion,  therefore,  that  tho  trustee  has  acted  without  due  discre- 
tion, and  his  action  in  the  matter  is  hereby  disajjproved.  Per  II.  II.  Van  Dyck, 
Superintendent,  March  31,  1859. 

Trustees  will  be  restrained  from  esfjiblishinc;  a  branch  school  when  there  is  clearly  no 

necessity  for  one. 

The  conclusion  arrived  at  from  the  facts  in  the  case  is  that  the  branch 
school  is  wholly  unnecessary,  and  its  establishment  an  exercise  of  arl/itrary 
power  and   abuse  of  discretion  sufficient  to  justify  the  interference   of  the 


358  Schools  and  School-Houses. 

department  in  restraining  the  trustees.  No  one  "vvill  claim  that  the  provisions 
of  tlie  statute  authorizing  tlie  establishment  of  branch  schools  -were  designed 
or  do  confer  power  to  establish  two  schools  in  every  district  of  the  State. 

In  all  cases  of  the  establishment  of  branch  schools  the  necessity  must  clearly 
appear,  or  this  department  will,  on  an  appeal  to  it,  interfere  to  prevent  the 
consummation  of  a  policy  unwarrantable  by  the  provisions  of  the  statute, 
which  provides  for  the  exercise  of  such  power  only  when  necessary  to  accom- 
modate the  children  of  the  district.  Per  IL  H.  Van  Dyck,  Superintendent, 
August  8,  18G0. 

Trustees,  uuder  certain  circumstances,  will  be  sustained  in  having  the  school  at  other  place 
than  the  school-house. 

On  an  appeal  from  the  action  of  the  trustees  in  having  the  school  taught  at 
another  place  than  the  school-house,  it  is  alleged  that  the  school-house  can 
be  made  comfortable  and  convenient  for  school  purposes  for  the  sum  of  money 
"which  the  trustees  are  authorized  to  raise  for  that  purpose,  and  also  that  the 
place  selected  by  the  trustee  for  the  school  is  unsuited  to  that  purpose,  and  is 
inconvenient  of  access  for  a  large  number  of  pupils. 

The  trustees  deny  that  the  school -house  can  be  made*  comfortable  for  the 
sum  authorized  to  be  raised ;  that  the  place  where  the  school  is  at  present 
taught  is  commodious  and  comfortable,  and  accessible  to  as  large  a  number  of 
the  children  as  is  the  school-house. 

The  evidence  relative  to  the  actual  condition  of  the  school-house  is  not  very 
conclusive  on  either  side.  The  common  presumption  of  law  that  the  trustees 
have  acted  within  the  scope  of  a  just  and  legitimate  discretion  must  therefore 
prevail.  If  the  inhabitants  will  not  vote  a  sufficient  sum  to  repair  a  school- 
house  that  has  been  built  for  thirty  years,  they  will  hardly  command  the  sym- 
pathy of  the  department,  even  though,  in  consequence  of  such  parsimony,  they 
are  compelled  to  send  two  and  a  half  miles  to  school.  Per  H.  II.  Van  Dyck, 
Superintendent,  February  3,  1860. 

A  stove  and  pipe  are  necessary  appendages  to  a  school-house  and  proper  objects  for  the 
levying"  of  a  district  tax. 

At  a  district  school  meeting,  held  in  the  town  of  Rodman,  on  the  20th  day 
of  November  last,  a  vote  was  taken  and  a  resolution  passed  to  levy  a  tax  upon 
a  district  to  purchase  a  stove  and  pipe  for  the  use  of  the  school-house  in  the 
district. 

The  ai)pellants  claim  that  the  district  has  no  authority  to  levy  a  tax  for  such 
a  purpose.  In  the  opinion  of  the  Superintendent  a  stove  and  pipe  are  neces- 
sary appendages  to  a  school -house  and  legitimate  objects  for  the  levy  of  a  dis- 
trict tax.  Tlie  proceedings  of  the  meeting  in  voting  the  tax  aforesaid  are 
hereby  affirmed.     Per  N.  S.  Benton,  December  31,  1847. 

A  school-house  belongs  to  the  district,  but  trustees  have  the  legal  control  of  it.  and  must 
not  permit  it  to  be  used  l(>r  purposes  which  interfere  with  school.  By  general  consent, 
they  may  allow  meetings  of  au  unobjectionable  character  to  be  held  in  it. 

The  school-house  belongs  to  the  district,  although  the  means  for  building  it 
have  been  raised  in  part  by  voluntary  contribution.  The  trustees  must  have 
the  legal  control  of  it,  and  not  permit  any  i)ortion  to  be  used  for  purposes 
which  interfere  with  the  instruction  and  discijjline  of  the  school,  nor  for  any 
other  than  school  purposes  when  required  for  them.  Subject  to  these  restric- 
tions, and  to  such  regulations  as  may  be  necessary  to  keep  the  house  in  good 
repair,  safe  from  danger  of  fire,  etc.,  the  trustees,  with  the  general  concurrence, 
may  allow  the  room  to  be  used  for  meetings  unobjectionable  to  morals  and 
propriety. 

As  every  meeting,  to  avoid  disorder,  must  have  the  right  to  regulate  the 
admission  of  attendants,  it  would  be  going  too  far  to  say  that  no  one  can  bo 
excluded,  though  residing  and  a  tax  ))ayer  in  the  district,  under  any  circum- 
stances.    Per  E.  Pesluno  Smith,  April  13,  1855.  {Ltilcrs,  vol.  2,  p.  341.) 


Schools  and  School-Housks.  359 

Where  a  school-house  is  shown  to  be  wholly  unfit  for  school  purposes,  the  trustees  will  be 
sustained  in  directing  the  school  to  be  taught  in  a-io;her  place. 

From  the  evidence  before  me,  I  am  fully  convinced  that  the  school-house  is 
altogether  unfit  for  school  purposes  at  any  time,  and  more  especially  during 
the  winter  season.  This  being  the  case,  I  cannot  disapprove  of  the  action  of 
the  trustees,  even  if  unauthorized,  in  securing  some  more  suitable  place. 

It  will  be  understood  that  the  right  or  power  of  the  trustees  to  change  the 
location  of  the  school  is  not  a  common  inherent  right,  but  one  arising  under 
the  conditions  proved  by  the  evidence  presented  in  this  case.  Only  upon  a 
clear  showing  of  the  unfitness  of  the  school-house  for  use  would  the  action  of 
the  trustees  be  sustained.  Per  II.  H.  Van  Dyck,  Superintendent,  March  31, 
1858. 

It  is  not  a  sufficient  excuse  for  not  opening  a  school  that  the  school-house  is  unfit  for  use ; 
trustees  are  bound  to  put  the  house  in  the  best  condition  in  their  power  and  open  a  school 
therein. 

Trustees  act  under  a  misapprehension  of  their  duty  and  the  rights  of  the 
inhabitants  when  they  refuse  to  open  a  school  upon  the  ground  that  the  school- 
house  is  unfit  for  use.  If  tlie  inhabitants,  or  any  ])ortion  of  them,  want  a 
school,  it  is  to  be  presumed  that  they  are  willing  to  send,  and  to  avail  them- 
8(!lves  of  such  facilities  as  the  trustees  arc  competent  to  furnish.  The  trustees 
ehould  jirovide  the  best  facilities  in  tlieir  power,  and  when  they  have  done  this 
their  responsibilities  are  at  an  end.  Per  H.  H.  Van  Dvck,  Superintendent, 
February  17,  1858. 

Trustees  have  no  right  to  sell  the  old  school-house  when  a  new  one  has  been  built,  without 
special  authority  from  the  district. 

The  power  to  direct  a  sale  of  the  old  house  or  site  is  vested  only  in  the 
inhabitants,  lawfully  assembled  at  a  district  meeting.  No  such  autliority 
was  conferred  upon  the  trustees.  Per  H.  H.  Van  Dyck,  Superintendent,  Feb- 
ruary 23,  1858. 

A  new  buildnifT  erected  for  a  district  must  be  accepted  by  the  trustees  before  it  can  be 
regarded  as  the  legal  scliool-house  of  a  district. 

When  a  district  has  two  scliool-houscs.  the  trustees  may  call  the  annual  meeting  to  assem- 
ble at  either  of  them,  unless  one  of  them  has  been  designated  at  a  previous  annual  meet- 
ing as  the  place  of  assemblage. 

Tlie  troubles  in  this  district  commenced  in  May,  18G4,  when  the  old  school- 
liouse  burned  down,  and  have  continued  without  intermission  down  to  the 
present  time.  The  record  of  the  actions  and  proceedings  of  the  contending 
j)arties,  the  one  headed  V)y  the  appellant  and  the  other  by  the  respondent 
herein,  shows  that  neither  party  has  acted  in  a  temperate  or  forbearing  man- 
ner ;  but,  on  the  contrary,  that  each  party  has  been  ready  to  take  undue 
advantage  of  the  other,  and  that  the  object  for  which  the  district  was  organ- 
ized has  been  of  minor  importance  in  the  eyes  of  the  contending  ]iarties.  The 
rccnrd  is  one  of  continued  "  sharp  practice,"  tlie  advantage  being  first  with  one 
side,  then  with  the  otlier.  This  department  has,  on  various  occasions,  sought 
to  act  as  mediator  between  the  contending  ])arties,  and  has  suggested  various 
plans  of  settlement,  with  a  view  of  restoring  harmony  to  the  district,  all  of 
which  have  been  rejected,  each  party  insisting  upon  the  full  measure  of  their 
legal  rights  and  refusing  to  compromise  for  any  thing  less.  Tlius,  Hill,  when 
trustee  of  the  di,strict  and  before  the  new  scliool-house  was  built,  refused  to 
call  a  special  meeting  for  tlu;  i)uri)()se  of  changing  tlie  site  of  the  scliool-house, 
although  it  was  a  well  known  fact  that  a  majority  of  the  voters  were  in  favor 
of  such  change,  and  desired  a  meeting  to  be  held  for  tliat  purpose.  Again, 
when  a  special  meeting  had  lieen  called  by  Hill  for  the  purpose  of  voting  a 
tax  to  build  on  the  old  site,  the  meeting  met  at  precisely  the  hour  for  which 
it  was  called,  all  the  Hill  party  being  present  by  private  understanding,  and, 
without  waiting  a  mouifnt  for  the  arrival  of  other  voters,  f)rganized  the  meet- 
ing, voted  a  tax  of  $1,000  to  build  on  the  old  site,  and  adjourned  in  less  than 
half  an  hour.     Now,  it  had  been  the  custom  in  that  district,  as  it  is  in  many 


360  Schools  and  School-Houses. 

otliers,  not  to  organize  district  meetings  till  tlie  expiration  of  one  tiour  from 
the  time  for  which  such  meeting  had  been  called. 

Relying  upon  this  custom,  Mr.  Collins  and  his  party,  composing,  as  aforesaid, 
a  majority  of  the  legal  voters  of  the  district,  and  all  of  them  opposed  to  build- 
ing on  the  old  site,  did  not  arrive  at  the  place  of  meeting  till  nearly  an  hour 
after  the  time  for  which  the  meeting  has  been  called.  They  then  found,  to 
their  great  astonishment  and  indignation,  that  the  meeting  had  transacted  its 
business  and  adjourned.  In  this  way  a  tax  was  voted,  and  subsequently  col- 
lected, against  the  wishes  of  a  majority  of  the  legal  voters  of  the  district.  The 
practice  was  sharp,  but  it  was  perfectly  legal,  and  as  the  Hill  party  insisted 
upon  receiving  the  full  benefit  of  the  advantage  thus  gained,  the  department 
had  no  choice  but  to  sustain  them.  In  October,  1865,  Collins  was  chosen 
trustee  of  the  district,  and,  not  to  be  outdone  in  sharpness,  the  Collins  party 
passed  resolutions  directing  the  calling  of  special  meetings  by  posting  one 
written  notice  in  the  post-office  at  Fishers'  Station,  instead  of  by  personal 
notice,  thus  prjictically  putting  the  Hill  party  beyond  the  reach  of  notice  of 
such  meetings.  The  trustee,  also,  exercising  a  discretion  which  the  law  had 
reposed  in  him,  refused  to  accept  the  new  school-house,  alleging  that  it  was 
not  built  according  to  contract,  but  liired  other  rooms  in  a  rough  building 
near  Fishers'  Station,  and  opened  and  maintained  school  therein.  This  was 
also  "sharp  practice";  but  upon  an  appeal  being  brought  from  Collins'  action 
in  refusing  to  open  school  in  the  new  house,  and  in  maintaining  a  school  in 
the  building  near  Fishers',  known  as  the  "  Shanty,"  and  in  applying  the  pub- 
lic money  to  the  support  of  said  school,  the  department  was  obliged  to  hold 
that  the  trustee  was  only  exercising  a  power  which  the  law  had  vested  in  him, 
and  that,  until  ho  had  accepted  the  school-house,  or  had  been  ordered  to  do  so 
by  some  competent  authority,  he  had  power  to  hire  other  rooms  temporarily,  and 
to  open  and  maintain  school  therein.  This  decision  was  rendered  May  23, 1866, 
and  the  facts  in  regard  to  acceptance  have  not  since  been  changed  nor  altered. 
The  annual  meeting  of  this  district  in  1865,  at  which  George  S.  Collins  was 
elected  trustee,  was  held  in  the  "  new  school-house  "  then  not  completed  by 
the  contractor,  and  was  adjourned  to  be  held  at  the  "  school-house  "  one  year 
from  that  time.  Some  time  about  the  1st  of  October,  1866,  Collins  caused  four 
notices  to  be  posted  in  consjiicuous  places  in  the  district,  stating  that  the 
annual  meeting  would  be  held  on  the  9th  of  October,  1866,  at  six  o'clock  p.  M., 
railroad  time,  at  the  school-house  where  the  school  had  been  ke])t  during  the 
jiast  year.  In  accordance  with  this  notice,  thirty  voters  of  the  disti-ict  met  at 
the  time  and  place  specified  in  said  notice,  organized  and  proceeded  to  elect 
district  officers,  and  to  transact  other  business.  George  S.  Collins  was  unani- 
mously chosen  trustee  for  the  ensuing  year.  After  completing  its  business,  the 
meeting  adjourned. 

Meanwhile,  twenty-five  of  the  legal  voters  of  the  district  met  at  the  "  new 
school-house  "  on  tlie  evening  of  the  9th  of  October,  1866,  organized  by  the 
election  of  chairman  and  clerk,  and  proceeded  to  elect  district  officers  and  to 
vote  district  taxes,  amounting  in  the  aggregate  to  about  $3,000.  Jerome  Hill, 
the  respondent  herein,  was  unanimously  designated  by  this  meeting  as  the 
trustee  of  the  district  for  the  ensuing  year.  Hill  immediately  issued  a  tax  li.st 
for  the  collection  of  the  taxes  voted  by  the  meeting  which  elected  him  trustee, 
and  ])laced  the  same,  with  his  warrant,  in  the  hands  of  a  person  whom  he  had 
appointed  collector  in  tlie  ]>laco  of  one  elected  by  said  meeting,  but  who  had 
resigned,  and  this  person,  Briggs  by  name,  proceeded  to  enforce  collection  of 
said  tax  list,  in  certain  cases  levying  on  and  selling  property  to  satisfy  the 
same..  To  determine  who  is  the  legal  trustee  of  the  district,  Collins  has 
brought  this  appeal,  complaining  of  the  actions  of  said  Hill  and  Briggs,  and 
alleging  that  tliey  are  not  legal  officers  of  the  district.  He  asks  that  the  pro- 
ceedings of  the  meeting  hold  at  the  "  new  school-house,"  as  aforesaid,  on  the 
9th  of  October,  1866,  l)e  set  aside  and  declared  void  as  a  school  meeting. 

The  nuiin  question  in  this  matter  is,  "  Wliere  is  the  district  school-house?" 
If  that  building  herein  designated  as  the  "  new  school-house  "  be  in  reality  the 


Schools  and  Scuooi-Houses.  361 

school-house  of  the  district,  and  tlio  onlj'  school-house  of  the  district,  then  the 
appellant  had  no  power  to  direct  that  the  annual  meeting  should  be  litdd  in 
another  place.  But  if  such  buildins^  be  not  the  district  school-house,  or  if  the 
district  possesses  another  building-  which  has  been  more  irenerally  used  for 
school  purposes,  then  the  meeting  held  in  the  aforesaid  "  new  school-house  " 
was  not  the  legal  district  meeting. 

Now,  a  building  erected  for  a  district  school-house  in  pursuance  of  contract 
must  be  accepted  by  some  competent  authority,  either  openly  or  by  implica^ 
tion,  before  it  in  fact  becomes  the  school-house  of  the  di.strict.  This  point  was 
clearly  established  in  the  decision  before  referred  to,  rendered  May  23,  1866. 
If  the  trustee  had  taken  posses.sion  of  the  house,  and  opened  and  maintained 
school  therein,  that  would  have  amounti.'d  to  an  acceptance.  But  the  well 
known  facts  in  this  case  are  that  the  trustee  has  all  along  refused  to  accept 
this  house  from  the  contractor,  or  to  open  school  therein,  alleging  that  it  has 
not  been  completed  according  to  contract.  Whether  his  allegation  be  true  or 
imtrue  can  make  no  difference  with  the  facts  in  this  case,  since  his  refusal  to 
accept  the  house  is  only  the  exercise  of  a  discretion  which  the  taw  has  reposed 
in  him  as  trustee.  The  resi:ondent  cannot  claim  to  be  ignorant  of  this  holding, 
since  the  precise  point  was  established  in  the  decision  of  May  23,  1866,  on  an 
appeal  brought  by  himself  against  Collins  as  trustee.  If.  as  is  claimed  by  the 
respondent,  Collins  has  willfully  and  wrongfully  refused  to  accept  the  house, 
the  remedy  is  plain  ;  the  respondent  can,  either  by  a  suit  commenced  in  the 
courts,  or  by  an  appeal  brought  to  this  department,  compel  the  trustee  to  accept 
the  house.  But  he  cannot  set  liimself  up  as  the  judge  to  decide  the  question 
of  acceptance.  He  cannot  proceed  upon  the  assumption  that  the  official  acts  of 
Mr.  Collins  are  void.  Again,  admitting,  for  the  sake  of  argument,  that  the 
house  which  has  never  been  accepted  by  the  trustee  is  in  fact  a  district  school- 
house,  the  trustee  would  still  have  power,  under  section  oO,  title  7,  if  ho 
deemed  it  necessary  for  the  due  accommodation  of  the  children  of  the  district, 
to  hire  rooms  temporarily  and  to  open  and  maintain  school  therein.  The 
rooms  thus  temporarily  hired  would  be,  for  the  time  being,  one  of  the  school- 
houses  of  the  district,  and  the  trustee  would  have  full  power,  under  section  9 
of  title  7  of  the  said  school  act,  to  designate  such  school-house  as  the  place 
where  the  annual  meeting  should  be  held.  Take  whichever  of  these  two 
views  we  may,  it  follows,  as  a  logical  deduction,  that  the  meeting  held  in  the 
building  which  for  the  last  year  has  been  u.sed  as  the  district  school-house 
was  the  legal  annual  meeting  of  the  district ;  and,  as  but  one  annual  meeting 
can  be  held  in  the  same  year,  it  also  follows,  tliat  the  proceedin.;s  of  the  meet- 
ing held  October  9,  1866,  in  the  building  herein  designated  as  the  new  school- 
house,  and  at  which  Jerome  Hill  was  elected  trustee  of  said  district,  were 
void,  and  of  no  force  or  effect  whatever  as  an  annual  meeting.  Another  thing 
is  to  be  borne  in  mind  :  the  meeting  at  which  Collins  was  elected  trustee  was 
held  pursuant,  not  only  to  adjournment,  but  to  the  notice  required  by  law. 
Four  written  notices  of  the  time  and  place  when  and  where  such  meeting 
would  be  held,  signed  by  the  district  clerk,  were  posted  in  conspicuous  places 
in  the  district  seven  days  before  the  time  for  holding  such  meeting.  This 
shows  that  tlie  api)ellant  designed  to  take  no  advantage  of  the  respondent 
or  his  party,  and  tiiat  the  meeting  was  not  intended  to  be  a  surprise  to  any 
voter.  The  mer-ting  held  in  the  "  new  school-house,"  on  the  contrary,  con- 
vened not  only  witlumt  notice,  but  in  opposition  to  regular  official  notification. 
Now,  although  an  annual  meeting  may  be  convened  without  notice  and  no 
imputation  of  bad  faith  attach  to  it,  an  annual  meeting  convened  not  only 
'■vithoiit  notice  but  in  oi)position  to  official  notice  can  have  but  one  pnrjjose — to 
act  as  a  surprise,  and  to  try  to  effect  by  trick  that  which  could  not  be  effected 
upon  open  trial. 

The  summary  of  the  whole  is  this:  The  meeting  at  the  temporary  school- 
house  was  held  pursuant  to  official  notice,  in  a  building  which  had  previously 
been  recognized  by  this  department  as  a  scliool-honso  of  tlie  district,  and  was 
attended  by  a  majority  of  all  the  legal  voters  of  the  district.     That  meiiting 

46 


362  Sites. 

unanimously  elected  George  S.  Collins  trustee  of  said  district  for  the  ensuing 
year.  It  is,  therefore,  hereby  decided  that  the  proceedings  of  said  meeting  were 
legal  regular  and  binding,  as  the  proceedings  of  the  annual  school  meeting  of 
the  district ;  that  George  S.  Collins  is  the  legal  and  sole  trustee  of  said  district 
for  the  year  ending  the  second  Tuesday  of  October,  18G7;  that  the  persons 
respectively  chosen  at  said  meeting  to  fill  the  offices  of  district  clerk,  district 
collector  and  librarian  were  legally  chosen,  and  are  entitled  to  perform  the 
duties  of  said  officers  ;  and  that  the  collection  of  taxes  for  school  purposes  voted 
at  said  meeting  may  be  legally  enforced. 

It  is  also  hereby  decided  that  the  proceedings  of  the  meeting  held  in  the 
"  new  school-house,"  on  the  ninth  day  of  October,  1866,  at  which  Jerome  Hill 
was  elected  trustee,  were  void,  and  of  no  force  or  effect  as  an  annual  school 
meeting.     Per  V.  M.  Rice,  February  13,  1867. 

Where  there  is  no  school-house  in  the  district,  and  the  trustees  have  hired  a  house  for 
school  purposes,  the  district  is  bouud  to  pay  the  rent  whether  a  school  is  taught  or  not. 

Where  a  teacher  is  employed  who  has  no  license,  the  school  thus  taught  becomes  a  private 
school. 

The  district  is  not  bound  to  pay  for  fuel  used  in  such  scliool. 

On  an  appeal  from  certain  acts  of  the  trustees,  it  appears  that  the  district  is 
destitute  of  a  school-house,  and  that  the  trustees  hired  a  house  in  which  to 
have  the  school  taught,  and  also  that  they  hired,  and  continued  in  their 
employ  as  teacher  of  the  district  school,  one  who  had  no  legal  license  or  cer- 
tificate of  qualification  from  the  proper  officer. 

The  fact  that  the  teacher  engaged  had  no  legal  license  renders  the  school, 
during  the  period  which  he  taught,  a  private  {jcliool. 

The  trustees  have  made  out  a  tax  list  for  the  rent  of  the  house,  and  for  fuel 
purchased  for  iise  of  the  school.  There  appears  to  me  to  be  a  distinction 
between  the  two  objects  for  which  this  tax  is  levied.  The  contract  to  pay  rent 
for  the  house  was  valid  and  binding  upon  the  district  in  any  event,  whether 
the  house  should  be  occupied  or  left  vacant. 

The  expenses  of  the  scliool,  however,  are  different  things ;  in  purchasing 
fuel  for  a  school  in  which  they  had  employed  an  iinqualified  teacher,  they  were 
not  acting  for  tlie  district,  but  upon  their  own  individual  responsibility.  They 
were  acting  only  as  self-constituted  agents  of  a  voluntary  association  of 
individuals  engaged  in  sustaining  a  private  school.  I  shall  not  sanction  the 
enforcement  of  taxes  for  the  support  of  private  schools — that  is,  of  schools 
taught  by  a  teacher  %vithout  the  legal  qualifications.  The  negligence  of 
teachers  to  provide  themselves  iii  season  with  proper  certificates,  and  the  indif- 
ference of  trustees  to  this  neglect,  are  abuses  which  it  is  important  to  check. 
Per  E.  W.  Keyes,  Deputy  Superintendent,  May  19,  1859. 


SITES. 


A  school  district  cannot  delegate  the  power  to  select  a  school-house  site.    A  designation 
sliould  be  specific  as  to  location  and  size. 

The  inhabitants  of  district  No.  15,  in  the  town  of  Smyrna,  at  their  first 
meeting,  resolved  that  the  trustees  purchase  a  site  for  the  school-house,  on  the 
corner  of  Benjamin  IlartwcU's  laud,  or  on  Seth  Shepard's  land  where  the 
cooper's  shop  now  stands. 

Tlic  trustees  selected  the  corner  of  Benjamin  Hartwell's  land,  paid  forty  dol- 
lars for  the  site,  and  contracted  for  tlie  erection  of  a  house. 

Tliey  then  called  a  special  meeting,  for  the  purpose  of  ratifying  what  they 
had  done  and  raising  money  to  finish  the  house. 


Sites.  363 

The  meeting,  by  a  vote  of  twenty-six  to  twelve,  refas(;cl  to  ratify  their  selec- 
tion, and  passed  a  resolution  that  the  site  should  bo  "  at  a  certain  beech  tree  in 
widow  Bnnvn's  hollow." 

The  Supreme  Court,  in  the  case  of  Benjamin  v.  Hall,  17  Wendell,  437,  decided 
that  the  district  could  not  delegate  the  power  to  designate  a  school-iionse  sito 
to  tlie  trustees.  It  cannot  make  any  diiference  wlujther  a  general  autliority  to 
select  is  given,  or  whether  the  authority  is  to  choose  between  two  ))oints. 

The  designation  matle  by  the  special  meeting  is  too  indefinite.  V''erbal 
explanations,  not  a  part  of  the  record,  though  given  at  the  meeting,  cannot  be 
permitted  to  locate  the  spot.  The  vote  was  utterly  void  for  uncertainty.  Per 
Spencer,  August  2G,  1839. 

The  mere  act  of  votinc;  to  select  a  particular  piece  of  land  upon  which  to  erect  a  school- 
house  does  not  estabiish  the  site.    It  muBt  be  followed  by  an  actual  leasing  or  purchase. 

The  appellants  in  this  case  allege  that,  on  the  31st  day  of  May,  1851,  at  a 
sjiecial  meeting  regularly  called,  a  resolution  was  passed  authorizing  the  selec- 
tion of  a  site  for  building  a  school-house  on  the  land  of  Mr.  Fenner,  and  the 
collection  of  a  tax  to  pay  for  the  same. 

The  trustees  assessed  the  tax,  and  about  $4.'5  of  it  was  collected,  but  they 
neglected  to  purchase  the  site.  On  the  12th  day  of  March,  1853,  at  a  regularly 
called  meeting,  a  resohition  was  passed  authorizing  the  selection  of  a  site  on 
the  land  of  J.  H.  Dwick,  and  a  tax  of  $350  for  building  a  school-house.  The 
trustees  then  took  the  money  which  had  been  collected  for  tlie  purchase  of  the 
site  first  selected,  and  with  it  purchased  the  Dwick  site.  It  is  claimed  by  the 
appellants  that  it  was  illegal  to  change  the  site  alter  the  money  had  been  col- 
lected to  pay  for  the  same  ;  that  no  change  could  be  made  without  the  consent 
of  the  town  superintendent,  and  that  it  was  illegal  to  use  for  the  Dwick  site 
the  money  that  had  been  raised  for  purchasing  the  "  Fenner  "  site. 

In  reply  to  these  allegations,  the  trustees  state  that,  after  the  meeting  of 
May  31,  1851,  and  on  the  15th  of  November  of  that  year,  at  a  special  meeting 
legally  held,  a  resolution  was  jiassed  rescinding  the  rcjsolution  of  the  former 
meeting  authorizing  the  selection  of  a  site  upon  the  land  of  Mr.  Fenner.  At 
a  subsequent  special  meeting,  a  resolution  was  passed  authorizing  the  selection 
of  a  site  upon  the  land  of  Mr.  Dwick.  No  action  was  taken  at  that  meeting 
in  reference  to  the  disposition  to  be  made  of  the  money  which  had  been  raised 
for  the  purchase  of  a  site ;  but,  at  the  annual  meeting  held  since  this  appeal 
was  brought,  the  trustees  were  directed  to  use  the  money  in  the  purchase  of 
the  "Dwick  site." 

The  case  referred  to  by  the  appellants,  in  Barhour''s  Svpre^ne  Court  licports 
{vul.  4,  J).  25),  in  support  of  their  first  objection,  does  not  sustain  the  point 
they  raise.  The  court  merely  decides  that  a  district  cannot  legally  rescind  a 
resolution  imposing  a  tax,  after  the  tax  list  has  been  made  out  and  the  tax 
partly  collected.  That  decision  is  in  accordance  with  repeated  decisions  of  this 
department,  in  which  it  has  been  held  that  a  district  could  not  legally  rescind 
a  resolution  conferring  any  authority  upon  the  trustees,  after  tuey  have  entered 
upon  the  performance  of  the  duty  imposed  by  the  resolution.  But  these  deci- 
sions do  not  touch  this  case.  The  resolution  autliorizing  the  collection  of  the 
tax  was  distinct  and  separate  from  that  authorizing  the  selection  of  the  site, 
and  the  repeal  of  the  latter  in  no  respect  atlected  the  right  of  the  trustees  to 
collect  the  tax.  Besides,  it  is  conceded,  and  in  fact  is  made  the  subject  of  com- 
])laiut,  by  the  appellants,  that  the  trustees  hael  not  taken  any  steps  toward 
l)urchasing  the  site  named  in  the  resolution  whic-h  was  rescinded.  If  they  had 
not,  tlie  district  clearly  possessed  the  power  of  rescinding  the  resolution  in  the 
manner  they  did,  unless  tlu'ir  action  had  so  established  the  site  that  it  could 
not  be  changed  without  the  consent  of  the  town  superintendent.  The  mere 
act  of  voting  to  select  a  particular  piece  of  land  upon  which  to  erect  a  school- 
liousc  does  not  establish  the  site.  Something  more  is  necessary  to  accomplish 
that.  The  vote  must  be  followed  up  by  an  actual  leasing  or  purchase.  In 
this  case  there  is  no  pretense  that  a  title  to  the  site  could  not  be  procured. 


364  Sites. 

But  it  is  alleged  that  the  trustees  neglected  to  procure  it,  although  they  might 
have  done  so,  and  the  district  afterward  took  from  them  the  authority  to  make 
the  purchase.  This,  I  think,  they  had  a  right  to  do  without  the  consent  of 
the  town  superintendent,  if  they  deemed  it  proper.  I  can  therefore  perceive 
no  illegality  in  the  proceedings  of  the  meeting,  in  selecting  a  site  upon  the 
land  of  Mr.  Dwick. 

The  appeal  is  therefore  dismissed.    Per  H.  S.  Randall,  November  29,  1853. 

In  designating'  a  site  for  a  school-house,  the  description  should  be  "by  metes  and  bonnds, 
and  the  quantity  of  land  should  be  stated,  that  every  inhabitant  of  the  disti-ict  may  be 
able  to  vote  intelligently. 

At  a  special  meeting  held  in  district  No.  6,  Lansing,  March  1,  1840,  resolu- 
tions were  jiassed  to  change  the  site  of  the  school-house  "  to  the  first  corner 
north  of  the  road,  on  a  piece  of  land  owned  by  Mary  Dickerson  ;"  to  raise  a 
tax  to  purchase  the  new  site,  and  also  a  tax  of  $300  to  build  a  school-house,  etc. 

The  notices  for  this  meeting  having  been  deficient  and  impi-operly  given, 
another  special  meeting  was  called,  to  be  held  March  15,  1849.  At  this  last 
meeting,  a  resolution  was  passed  confirming  the  proceedings  of  the  meeting  of 
the  1st  of  March. 

The  principal  point  in  the  case  is  that  the  site  was  not  sufBciently  designated. 

The  resolution  to  move  the  site  "  to  the  first  corner  north  of  the  road "  is 
too  vague  and  indefinite,  and  cannot  be  regarded  in  law.  It  does  not  state 
whether  the  trustees  are  authorized  to  purchase  one-half  acre  or  five  acres  on 
the  corner,  nor  is  the  description  of  the  land  given  sufficient  to  give  an  idea  of 
its  location. 

In  designating  a  site  for  a  school-house,  the  description  should  bo  by  metes 
and  bounds,  and  the  (quantity  of  land  should  be  given,  that  every  inhabitant 
of  the  district  may  be  able  to  vote  intelligently.     Per  Morgan,  April  18,  1849. 

A  district  may  purchase  a  site  by  a  majority  vote.    It  is  different  from  changing  a  sitft. 

This  is  a  case  in  relation  to  the  proceedings  of  a  school  district  meeting  in 
the  town  of  Royalton.  The  district,  it  seems,  has  never  been  the  legal  owner 
of  a  site  ;  it  undoubtedly  has  a  right  to  procure  one  by  a  majority  of  the  votes 
at  a  district  meeting,  and  without  the  formalities  required  in  case  of  a  change 
of  site. 

I  see  no  objection  to  the  mode  adopted  by  the  district  in  the  purchase  of  the 
land.  A  deed  should,  however,  be  obtained  by  the  district,  pre\'ious  to  the 
expenditure  of  any  money  on  the  house,  so  that  the  title  may  be  secure.  Per 
Dix,  November  5,  1838. 

The  occupancy  of  a  school-liousc  sufficient  notice  to  purcnaser  of  land. 

Twenty  years  previous  to  the  date  of  appeal,  district  No.  6,  Linclvlaen,  had 
taken  a  lease  of  a  site  for  the  school-house,  for  as  long  a  period  as  tlie  same 
should  be  occupied  for  a  district  school.  James  S.  Graves  jjurchased  the  land 
and  appurtenances,  without  any  reservation,  and  forbade  the  trustees  from 
entering  upon  it,  or  from  occupying  tlie  school-house. 

Mr.  (iraves  purcluised  the  land  subject  to  the  lease,  and  the  fact  that  the  land 
was  occupied  bj'  the  district  for  a  school-house  and  site  was  sufficient  notice  to 
him.  The  district  has  a  rightful  claim  to  the  possession  of  the  land  under  the 
lease,  and  should  take  legal  measures  to  assert  their  right.  The  occupancy  is 
sufficient  notice  to  the  inu-clias(>r  of  the  title  of  the  district,  and  he  is  bound  to 
ascertain  it  at  his  peril,  notwitlistanrling  the  omission  to  put  the  lease  upon 
record.     Per  Spencer,  January  23,  1840. 

When  the  trustees  have  contracted  to  locate  the  school-house  on  any  particular  place  upon 
the  site,  in  the  absence  of  any  instructions  from  the  district,  this  department  will  not 
interfere. 

The  trustees  located  a  school-house  a  few  fi^et  less  than  four  rods  from  the 
south  line  of  their  lot,  which  is  bounded  on  the  liighway.     The  appellants  and 


Sites.  365 

a  majority  of  the  district  desired  to  leave  full  four  rods  in  front.  The  trustees, 
however,  in  the  absence  of  any  explicit  instructions  or  direction  from  the  fUs- 
trict,  aofreed  upon  th(!  present  location,  and  entered  into  a  contract  with  a 
ludlder  who  had  commenced  his  work  prior  to  any  instructions  from  the  dis- 
trict. The  trustees  having-  jroue  on.  for  auo-]it  that  ajjp^^-ars  tt)  the  contrary,  in 
good  faith  in  the  location  of  the  house  prior  to  any  expression  of  the  wishes  of 
the  district,  and  havinf^  entered  into  contracts  and  incurred  liabilities  in  the 
prosecution  of  the  work,  it  is  deemed  unwise  and  inexpedient  to  subject  the 
district  to  the  expense  which  must  be  incuiTcd  by  a  chano-e  in  the  location. 

The  appeal  ia  dismissed.  Per  A.  G.  Johnson,  Deputy  Superintendent, 
August  80,  1849. 

It  is  not  necessary  that  a  majority  of  all  the  taxable  inhabitants  should  be  obtained,  in 
addition  to  the  consent  of  the  town  superintendent  (s^upcrvisor)  in  order  to  change  the 
Bite,  but  only  a  majority  of  those  present  and  voting  at  a  meeting  duly  notified. 

This  is  an  appeal  from  the  proceedings  of  a  special  meeting  held  in  said  dis- 
trict on  the  18tli  day  of  October,  1851. 

At  this  meeting,  it  apiwurs  that  resolutions  were  passed  changing  the  site 
of  the  school-house,  and  authorizing  the  collection  of  $10  by  tax,  for  purchas- 
ing a  new  site,  and  $175  for  building  a  new  school-house  thereon.  The  appel- 
lant alleges  that  these  resolutions  were  not  passed  in  the  manner  required  by 
law,  and  that  the  town  superintendent  never  legally  gave  his  consent  to  the 
pro])osed  change  of  site. 

The  appeal  papers  concede  that  the  resolution  to  change  the  site  was  passed 
by  a  vote  of  a  majority  of  all  the  taxable  inhabitants  of  the  district  who  were 
present  and  voted  at  the  meeting.  Therefore,  if  the  consent  of  the  town 
superintendent  was  given  in  accordance  with  law,  the  resolution  to  change 
the  site  was  passed  by  the  required  legal  majority  of  the  inhabitants.  For  it 
is  not  necessary  that,  in  addition  to  the  consent  of  the  town  sujjerintendent,  a 
majority  of  all  the  taxable  inhabitants  residing  in  the  district  should  be 
obtained,  in  order  to  cliange  tlie  site,  but  only  a  majority  of  those  present  and 
voting  at  a  meeting  duly  notified. 

It  a[)pcars  by  the  answer  that  the  town  superintendent  did  give  his  consent 
in  writing,  to  tlie  proposed  change,  on  condition  that  the  requisite  majority  of 
the  inhabitants  of  the  district  should  be  in  favor  of  the  change.  This  consent 
became  absolute  the  moment  the  condition  was  complied  with.  The  requisite 
consent  was  obtained  upon  the  passage  of  the  resolutions. 

Appiial  dismissed.     Per  H.  S.  Randall,  March  25,  1852. 

A.  majority  of  voters  at  a  school  district  meeting  may  empower  the  trustees  to  purchase 
additional  territory  adjoining  the  school-house  site,  for  the  purpose  of  enlarging  their 
grounds  for  school  purposes.    It  is  not  a  case  of  removal  of  site. 

The  only  question  involved  in  this  appeal  is  whether  the  purchase  of  an 
additional  quantity  of  land  adjoining  that  on  which  the  former  school-houso 
of  the  district  had  been  erected,  and  which  was  burned  down,  rendering  it 
necessary  for  the  district  to  build  a  new  one,  and  the  rebuilding  of  the  district 
schnol-iiouse  wholly  or  in  part  upon  tlie  new  grouml  tluis  jjurchased,  is  such  an 
act  as  retiuires  the  assent  of  two-tliirds  of  the  voters  i)resent  at  a  district  meet 
ing  called  specially  for  the  purpose  under  the  provisions  of  section  1.  No.  85 
(section  20,  title  7),  of  the  Laws  relating  to  ccmimon  schools.  I  do  not  doubt 
the  legal  right  of  a  majority  of  the  voters,  in  any  district  meeting  duly  con- 
vened, to  lay  a  tax  upon  their  district  to  purchase  ground  additional  to  and 
adjoining  a  site  already  owned  by  the  district,  if  sucli  ground  be  suitable  for 
the  purpose  of  the  existing  site,  and  the  school — sucli  as  i)lay-ground  for  the 
children,  wood-house  or  other  appendages.  Nor  could  the  certiticate  of  the 
town  superintendent  be  necessary  to  rendm*  such  an  act  legal  any  more  than 
for  building  a  wood-house,  or  repairing  the  school-house.  The  district,  as  I 
\inderstand  the  case,  owned  no  more  ground  tlian  was  covered  by  the  build- 
ings.    Now,  what  were  the  acts  which  the  law  intended  to  prohibit  the  mere 


336  Sites. 

majority  from  doing  after  a  site,  had  been  purchased  and  a  school-house  built 
or  purchased  for  the  district  while  the  same  remained  unaltered  ? 

Certainly  not  to  prevent  the  purchase  of  more  ground  immediately  adjoin- 
ing, if  necessary,  nor  the  erection  of  additional  buildings  thereon,  if  the 
exigencies  of  the  district  required  it  for  the  accommodation  of  the  school,  or 
even  the  erection  of  a  new  house  should  it  be  necessary. 

These  are  acts  which,  in  my  judgment,  it  is  perfectly  competent  for  the 
majority  of  the  inhabitants  of  the  district  to  perform,  when  assembled  in  a 
school  district  meeting.  I  cannot  hold  this  to  be  such  a  change  of  site  as 
comes  within  the  provisions  of  the  section  above  mentioned.  Per  N.  S. 
Benton,  July  10,  1846. 

In  levying  a  tax  for  the  purchase  of  a  school-house  site,  the  district  is  not  litaited  as  to  the 

amount  to  be  raised. 
The  certificate  of  the  town  superintendent  (supervisor)  is  not  necessary,  and  the  district 

may,  by  a  majority  vote,  raise  such  an  amount  as  shall  be  necessary  for  the  purpose. 

At  a  special  meeting  of  the  inhabitants  of  district  Xo.  5,  Troy,  held  July  20, 
1848,  a  site  for  a  school-house  was  designated,  and  a  tax  of  $475  was  voted  to 
pay  for  the  same.  The  site  thus  designated  was  for  the  second  school-house  in 
the  district. 

The  appellant  desires  that  the  proceedings  be  set  aside  for  the  following 
reasons : 

1.  Because  the  commissioners  did  not  certify  that  a  larger  sum  than 
was  necessary  to  pu^rchase  the  site  ; 

2.  On  the  ground  of  expediency. 
By  subdivision  8,  section  62,  School  Laws,  provision  is  made  for  designating 

sites  for  two  or  more  school-houses  in  a  district. 

With  the  consent  of  the  town  superintendent,  or  the  commissioners,  as  in 
tliis  case,  tlie  inhabitants  of  a  district,  when  legally  asseml)Ied,  may,  by  a 
majority  of  votes  of  the  legal  voters  present,  designate  a  site  for  the  second 
Bchool-house  in  their  district,  and  may  lay  a  tax  ujjou  the  taxable  ^iroperty  of 
the  district  to  purchase  such  site.  TIk;  limitation  to  $400  ($1,000)  does  not 
apply  to  such  cases.  The  section  which  recpiires  the  consent  of  the  ijvn\ 
Buperintcndent  to  raise  a  larger  sum  only  applies  "  to  building,  hiring  or  pur- 
chasing a  school-house."  (See  section  70  (section  18,  title  7),  School  Laws.) 

The  proceedings  of  the  meeting  of  July  20  were  legal. 

As  to  the  question  of  expediency,  this  department  does  not  feel  at  liberty  to 
interfere  without  proof  of  palpable  wrong  or  abuse  of  power,  which  does  not 
appear  in  this  case. 

This  decision  is  not  intended  to  favor  the  abandonment  of  the  old  site. 

The  appeal  is  dismissed.     Per  Morgan,  September  26,  1848. 

When  a  district  has  been  altered,  the  site  of  the  school-house  may  be  chanj^cd  by  a  vote  of 

the  majority  of  tlioso  present  at  the  meeting. 
Due  notice  of  a  meeting  will  be  presumed,  unless  the  contrary  be  shown. 

A  special  meeting  of  joint  district  No.  0,  of  Manheim,  Herkimer  county,  and 
Oppenlicim,  Fulton  county,  was  held  December  19,  1854,  and  a  vote  was  passed 
to  change  the  site  of  the  school-house.  Th<^  meeting  then  adjourned  to  receive 
propositions.  On  tlie  twenty-tliird  day  of  June,  1855,  a  new  site  was  desig- 
nated, and  at  a  subsequent  adjourned  meeting  an  adjournment  to  the  second 
Tuesday  of  October,  1856,  was  carried. 

The  trustees,  however,  called  a  special  meeting  for  December  4,  1855,  at 
which  a  tax  of  $450  was  raised  for  purchasing  the  new  site,  $1,000  for  building 
a  new  school-house,  and  $200  for  wood-house  and  privies.  Tlie  certificate  of 
the  town  superintendent,  that  $1,200  was  necessary  for  the  house  and  out- 
houses, luid  b(;en  given. 

Tlie  appi'Uant  raised  the  following  points: 

1.  That  tlie  school-house  site  was  illegally  changed,  no  consent  of  the  town 
superintendent  having  been  obtained. 


Sites.  367 

It  mijjlit  suffice  to  say  that  no  sucli  point  was  made  in  the  appeal ;  hut  it  ia 
conclusively  met  by  the  reply  of  the  trustees,  which  sliows  that  the  district 
has  underfjone  repeated  alterations  since  the  erection  of  the  school-house.  No 
consent  of  the  superintendent  was  necessary  to  authorize  the  fixing  of  a  new 
site  by  a  majority  of  the  votes  of  those  present  and  voting. 

2.  The  appellant  objects  that  it  does  not  aj)pear  by  tlae  return  of  the  district 
clerk,  or  otherwise,  that  the  legal  voters  of  tlie  district,  or  any  of  them,  wero 
duly  notified  of  sucli  meeting.  The  burden  of  proof  on  this  point  rests  on  the 
appellant.  The  presumption  always  is  that  public  officers  have  done  their 
duty.  This  presumption  is  supported  in  this  case  by  the  express  statement 
that  one  voter  received  no  notice,  for  it  implies  that  no  other  failure  to  give 
notice  could  be  alleged.  Those  who  attended  certainly  had  notice,  and  the 
omission  in  a  solitary  instance  is  not  averred  to  have  been  willful  or  fraudulent. 

The  proceedings  were  legal  and  regular.    Per  V.  M.  Rice,  February  G,  1856. 

A  two-storj-  school-honse  may  be  built  upon  land  leased,  with  the  agreement  that  the  rent, 
or  consideration  of  the  grant,  shall  be  the  use  by  the  lessor  of  the  upper  story  out  of 
school  hours. 

The  consistory  of  the  Reformed  Dutch  Church,  in  tlie  town  of  Greenbush, 
granted  to  district  No.  3,  of  said  town,  a  lot  of  land  for  a  school-house  site,  so 
long  as  the  same  should  be  used  for  that  purpose,  reserving  an  annual  rent. 
Subsequent  to  the  execution  of  the  lease,  an  agreement  was  entered  into 
between  the  trustees  and  the  consistory,  that  the  school-house  should  be  built 
with  two  stories,  and  that  when  the  upper  story  was  not  wanted  for  school 
purposes  the  consistory  might  use  it,  and  such  use,  while  permitted,  should 
be  in  full  payment  for  the  rent.  With  full  knowledge  of  this  agreement,  the 
district,  thirty-three  to  seven,  voted  to  raise  a  tax  of  §400,  to  procure  the  site 
and  erect  a  school-house.  Ildd,  that  the  use  of  the  upper  story  by  the  con 
sistory  was  a  fair  equivalent  for  the  rent,  and  that  the  agreement  was  not 
improper  or  illegal.     Per  Spencer,  April  23,  1839. 

A  school  district  has  no  authority  by  law,  and  this  department  will  not  permit  the  inhabit- 
ants, to  take  a  perpetual  lease  lor  the  site  of  a  school-house.  The  district  should  have  the 
fee  simple  before  building. 

The  trustees  of  district  Xo.  5,  in  the  city  of  Troy,  called  a  special  meeting  of 
the  district  to  be  held  on  the  29th  of  February,  1848.  This  meeting  was  organ- 
ized and  adjourned  to  the  27th  of  March  following. 

At  the  adjourned  meeting,  a  resolution,  which  had  been  introduced  at  the 
previous  meeting  and  laid  on  tlie  table  for  future  action,  was  called  up.  The 
resolution  was  amended,  and,  as  amended,  adopted  unanimously.  The  resolu- 
tion adopted  read  as  follows : 

"  Resolved,  That  the  trustees  of  school  district  No.  5,  of  the  city  of  Troy,  be 
directed,  by  and  with  the  consent  of  the  school  commissioners  of  the  city  of 
Troy,  to  lease,  from  Messrs.  Marshall,  Belding  &  Christie,  lots  Nos.  14,  15  and 
16,  on  the  north  side  of  Christie  street,  in  the  fifth  ward  of  the  city  of  Troy,  at 
a  yearly  rent  not  exceeding  the  sum  of  thirty-four  dollars  per  annum,  with  the 
privilege  of  buying  off  .said  rent  at  seven  per  cent  within  ten  years  from  date." 

The  contemplated  lease  was  for  the  site  of  a  school-house. 

The  only  question  necessary  to  be  considered  is  this  :  Can  a  school  district 
lcase.or  purchase  a  site  for  a  school-house  in  the  manner  contemplated  in  the 
resolution  before  mentioned? 

By  the  fourth  and  fiftli  clauses  of  section  G2,  chapter  480,  Laws  of  1847,  the 
inhabitants  of  a  district  have  power  to  designate  a  site  for  a  district  school- 
house,  and  to  lay  such  tax  on  the  taxable  property  of  the  district  as  tlie  meet- 
ing shall  deem  suUicient  to  purchase  or  lease  a  suitable  site  for  a  school-liouse, 
and  to  build,  hire  or  purchase  such  school-house,  and  to  keep  in  repair  and 
furnish  the  same  with  the  necessary  fuel  and  appendages,  and  section  83 
authorizes  the  trustees  to  carrv  such  vote  into  cfiTect. 


868  Sites. 

Tlie  word  "  lease  "  used  here  must  be  interpreted  to  mean  a  lease  for  a  limited 
term,  one,  two  or  three  years,  of  a  lot  of  land  and  building  to  be  used  by  the 
district  till  such  time  as  a  smtable  site  can  be  procured  in  fee,  or  the  convey- 
ance of  a  lot  of  land  to  the  district,  to  be  the  property  of  the  district  so  long  as 
it  shall  be  occupied  for  a  school-house  site. 

Under  the  new  Constitution,  no  agricultural  land  can  be  leased  for  a  longer 
period  than  twelve  years ;  and,  altho\igh  individuals  in  cities  may  still  lease 
building  lots  for  longer  terms,  or  in  perpetuity,  it  is  certainly  desirable  that 
land  to  be  used  as  the  site  of  a  school-house  should  be  free  from  any  and  every 
incumbrance. 

The  statute  confers  no  authority  upon  a  school  district  to  purchase  land  and 
give  a  mortgage  or  any  other  security  for  the  consideration  money.  In  the 
section  authorizing  the  inhabitants  to  lease,  authority  is  given  to  raise  a  tax 
for  that  purpose.  It  cannot  be,  therefore,  that  the  aiithority  to  lease  gives  the 
inhabitants  the  privilege  of  voting  that  such  a  contract  shall  be  entered  into 
as  will  entail  a  perpetual  debt  upon  the  district  and  put  the  people  to  the 
necessity  of  raising  a  tax  to  pay  the  rent  every  year  throughout  all  coming 
time.  It  has  heretofore  been  held  that  the  district  could  not  purchase  a  site 
and  give  a  mortgage  for  the  purchase-money,  one-half  to  be  paid  in  five  years 
and  the  balance  in  ten  years.  This  department  has,  also,  repeatedly  held  that 
districts  could  not  be  peiTuitted  to  buy  a  site  and  erect  a  school-house  upon 
land  incumbered  by  mortgage. 

No  good  reason  can  be  given  against  permitting  the  district  to  give  a  mort- 
gage for  the  purchase-money  of  a  site  whicli  will  not  bear  with  equal  force 
against  pennitting  them  to  enter  into  a  contract  by  which  the  site  of  the 
Bchool-house  may  be  subjected  to  a  perpetual  incumbrance.  If  a  mortgage  is 
given,  the  interest  must  be  paid  annually,  and  the  principal  witliin  some 
specified  time.  If  a  perpetual  lease  is  given,  the  interest  of  tlie  stipulated 
value  of  the  land  must  be  paid  annually,  but  the  principal  cannot  be  paid  at 
all  except  at  the  option  of  the  lessor.  The  fact  that  the  principal  cannot  be 
demanded  is  not  a  sufficient  reply  to  the  objection,  for  the  real  difficulty  is  that 
the  lien  and  incumbrance  can  only  be  removed  with  the  consent  of  persons 
claiming  the  lien. 

What  is  this  contract  as  contemplated  in  the  resolution?  It  is  just  this: 
The  lots  are  assumed  to  be  worth  about  $4S7.  The  present  owners  say  that 
the  district  may  have  an  unconditional  title  in  fee  conveyed  to  them  at  any 
time  in  ten  years,  on  the  payment  of  tliat  sum  and  the  interest  annually  at 
seven  per  cent.  But  if  the  $487  is  not  paid  M'ithin  ten  years,  then  the  owners 
may  demand  $500  or  $1,000,  or  just  such  sum  as  they  may  think  proper. 

A  mortgage  may  be  foreclosed,  if  interest  and  principal,  or  either,  are  not 
punctually  paid,  and  the  premises  sold,  but  in  that  Ciise  the  proceeds,  after  pay- 
ing the  debt  and  costs,  are  refunded  to  the  mortgagor. 

If  rent  is  not  punctually  paid,  the  landlord  may  re-enter  and  take  possession 
of  the  premises  leased,  together  with  all  the  improvements,  and  may  have 
judgment  for  costs. 

If,  therefore,  any  incumbrance  upon  a  school-house  site  is  allowable,  a  mort- 
gage would  be  preferable  to  a  perpetual  lease. 

The  appeal  is  therefore  sustained,  and  the  resolution  adopted  by  the  meeting 
of  the  twenty-seventli  Marcli  aforesaid  is  set  aside  and  declared  null  and  void. 
If  the  district  need  a  new  scliool-house,  the  site  for  it  must  be  purchased,  and 
a  tax  levied  to  pay  for  it.     Per  Morgan,  July  6,  1848. 

Site  of  a  school-house  in  union  free  school  district  established  and  chan<;cd  hy  vote  of 
inhabitants  in  same  manner  as  in  districts  subject  to  general  school  law. 

The  site  of  a  school-house  in  a  union  free  school  district  is  established  and 
changed  by  the  vote  of  the  inhabitants  in  the  same  manner  as  in  those  districts 
subject  to  the  general  school  law.  The  board  of  education,  like  the  ordinary 
trustees,  are  in  this  respect  mere  executors  of  the  popular  will.  If  it  is  not 
absolutely  necessary,  it  is  at  least  the  only  safe  mode,  to  procure  the  ratification 


Sites.  36d 

by  a  district  meeting,  of  a  selection  made  by  the  board  under  a  vote  requesting 
them  to  purchase.  Per  E.  Peshine  Smith,  Deputy  Superintendent,  May  8, 
1855.  {Letters,  vol.  2,  p.  395.) 

Districts  that  have  been  altered  in  their  boundaries  since  the  establishment  of  a  site  and 
buildinjr  of  a  house  are  not  restricted  in  their  power  to  change  such  site  at  any  legal  dis- 
trict meeting. 

It  is  not  difficult  to  ascertain  the  meaning  of  the  statute  in  regard  to  the 
change  of  site  of  school-houses.  It  imposes  a  limitation  upon  the  gerieral  power 
of  school  districts  in  regard  to  changing  the  site  of  the  school-house.  The 
general  limitation  is  expressed  in  the  following  words  :  "  As  long  as  the  dis- 
trict shall  remain  unaltered."  Districts  not  embraced  in  tliis  general  limita- 
tion are  not  referred  to  in  the  subsequent  limitation.  In  short,  the  power  of 
the  inhabitants  of  districts  that  have  been  altered  is  left  wholly  unimjiaired,  as 
this  section  of  the  statute  says  nothing  concerning  them,  and  hence  applies  to 
them  no  limitations  whatever.  Per  V.  M.  Kice,  Superintendent,  February 
20,  18G4. 

Where  the  consent  of  the  supervisor  to  a  change  of  site  is  obtained  by  misrepresentation, 
the  proceedings  will  be  set  aside. 

A  special  meeting  voted  to  change  the  site  of  the  school-house  to  the  farm 
of  Jesse  Carpenter,  the  consent  of  the  super\'isor  of  the  town  having  been 
first  obtained. 

The  appellant  objects  to  the  proposed  change,  the  said  new  site  being  in  a 
remote  corner  of  the  district,  distant  four  miles  from  the  residences  of  those 
li\ing  on  the  opposite  side  of  the  district.  He  claims  that  the  proceedings  of 
said  meeting  in  the  matter  of  changing  the  site  as  aforesaid  were  illegal  and 
void,  and  asks  to  have  them  so  declared  and  set  aside  for  the  following  reasons : 

1.  Because  no  legal  notice  of  said  special  meeting  was  seiA'cd  upon  the 
inhabitants  of  the  district ; 

2.  Because  the  consent  of  the  supervisor  to  the  aforesaid  change  of  site  was 
obtained  through  fraud  and  misrepresentation  ; 

3.  Because  the  minutes  of  the  said  meeting  were  not  properly  kept,  and  do 
not  show  on  their  face  the  precise  location  of  the  proposed  new  site.  Either 
one  of  the  two  first  olijections  itrged  by  the  appellant,  will  be,  if  proven,  suffi- 
cient cause  for  pronoimcing  the  proceedings  of  said  meeting  void,  and  of  no 
efl"ect  whatever. 

Passing  over  the  objection  first  taken,  it  is  established,  beyond  doubt, 
by  the  affidavit  of  William  E.  Teal,  supervisor  of  said  town,  that  he  was 
induced  to  give  his  consent  to  the  proposed  change  of  site — the  exact  location 
of  said  new  site  not  having  been  agreed  upon  when  his  said  consent  was 
given — upon  the  express  imderstanding  that  the  new  site  should  be  centrally 
and  conveniently  located,  so  as  to  accommodate  all  of  the  inhabitants  of  the 
district.  The  committee  who  applied  to  the  supervisor  for  his  consent  to  said 
change  of  site  mentioned  two  central  localities  where  they  hoped  to  be  able  to 
obtain  the  said  site,  and  by  these  representations,  and  by  disclaiming  any 
intention  of  locating  the  site  in  a  remote  corner  of  the  district,  induced  said 
supervisor  to  give  his  consent  as  aforesaid;  The  said  sui)ervisor  swears  that 
under  no  circumstances  would  he  have  given  his  c/msent  to  the  location  of  the 
new  site  in  so  remote  a  corner  of  the  district  as  that  selected  by  said  special 
meeting,  and  further,  that,  as  soon  as  ho  was  informed  of  the  action  of  the 
meeting,  lie  immediately  addressed  a  note  to  the  committee  whicli  had  waited 
upon  him,  revoking  the  consent  which  he  had  given.  Consent  thus  obtained 
is  no  consent  at  all.  Fraudulent  representations  vitiate  any  contract  or  agree- 
ment, and  in  this  case  it  is  clear  tliat  it  was  only  tlirougli  misrepresentation 
that  the  consent  of  the  supervisor  to  said  change  of  site  wayobtained. 

The  excuse  offered  by  the  committee  which  located  the  aforesaid  new  site, 
that  no  central  location  could  be  provided,  is  disproved  by  the  affidavits  of 
Ferris  and  others.     It  should  also  be  remembered,  that  the  district  could  pro- 

47 


370  Sites. 

cure  a  central  site  even  without  the  consent  of  the  owner  of  the  land,  bj  com- 
plying witli  the  provisions  of  chapter  800  of  tlie  Laws  of  18G6. 

For  the  reasons  above  set  fjrth  tlie  appeal  is  sustained,  the  consent  of  the 
suj^ervisor  to  the  aforesaid  change  of  site  is  declared  void,  as  having  been 
obtained  through  misrepresentation ;  and  the  subsequent  proceedings  of  the 
special  meeting  had  in  said  district  as  aforesaid,  so  far  as  they  relate  to  a 
change  of  site  of  the  school-house  of  said  district,  are,  also,  hereby  pronounced 
illegal,  void  and  of  no  force  and  effect  whatever ;  such  proceedings  having 
been  founded  upon  the  fraudulently  obtained  consent  of  the  supervisor,  with- 
out which  consent  they  would  have  been  void  in  themselves.  Per  V.  M.  Rice, 
July  13,  1860. 

The  department  will  not  interfere  with  the  action  of  a  district  in  purchasing  a  site,  except 
where  the  title  to  said  site  is  clearly  and  conclusively  shown  to  be  defective. 

In  considering  a  question  of  title,  it  must  be  borne  in  mind  that  it  is  not  in 
the  province  of  this  department  to  pass  upon  that  question  so  as  to  affect  at  all 
the  interests  of  those  claiming  ownershij)  in  the  soil.  This  department  can 
only  determine,  from  the  evidence  presented,  whether  the  presumption  of 
invalidity  is  so  strong  as  to  justify  its  interference  in  arresting  the  action  of  the 
tlistrict.  If  the  title  is  so  clearly  defective  that  its  acceptance  will  involve  pro- 
tracted and  hopeless  litigation,  peril  the  peace  and  prosperity  of  the  district, 
and  thus  arrest  or  retard  educational  progress,  it  becomes  manifestly  the  duty 
of  this  department  to  interfere,  even  in  opposition  to  the  will  of  a  majority  of 
those  interested. 

In  the  present  case,  a  majority  of  the  district,  fully  informed  upon  the  merits 
of  the  case,  individually  interested  in  being  right,  and  personally  liable  to 
expense  if  wrong,  unhesitatingly  declare  themselves  satisfied  of  the  validity 
of  title.  It  would  require  a  clear  case  of  invalidity  of  title  to  justify  the  inter- 
position of  this  department  under  circumstances  like  these,  and,  as  such  inval- 
idity is  not  shown,  the  department  will  not  interfere.  Per  H.  II.  Van  Dyck, 
Superintendent,  August  14,  1857. 

Where  the  district  does  not  authorize  a  change  of  site,  this  department  will  not  interfere  to 
compel  such  change,  even  though  justice  requires  it. 

It  appears  that  the  present  site  of  the  school-house  is  quite  far  from  the  cen- 
ter of  the  district,  and  in  the  north  part  of  the  same.  The  inliabitants  residing 
in  the  south  part  of  the  district  are  naturally  and  justly  desirous  of  changing 
the  site,  and  of  establisliing  it  near  the  center  of  the  district.  At  a  meeting 
of  the  district  called  for  tlie  purpose  of  considering  this  question,  a  resolution 
was  offered  that  the  site  remain  wliere  it  was.  This  resolution  was  lost  by  a 
tie  vote,  and  before  any  furtlier  action  was  had  the  meeting  adjourned.  From 
this  neglect  of  tlie  inhal)itants  to  take  any  affirmative  action  upon  the  question 
of  removal,  this  appeal  is  brought. 

Jlehl,  that,  while  the  desire  of  those  who  are  striving  to  change  the  site 
appears  to  be  just  and  reasonable,  the  circumstances  of  the  case  do  not  justify 
the  interference  of  this  department.  It  is  a  high  ])rerogative  to  come  in  and 
overrule  the  action  t)f  a  majority  of  the  district — formally  and  legally  taken — 
Oiad  one  which  the  department  will  not  exercise  except  for  the  strongest  rea- 
sons— the  most  urgent  necessity. 

Here  the  site  is  already  established,  and  has  for  a  long  time  been  occupied 
by  the  district.  The  district  is  the  only  comjjetent  authority  for  changing  the 
site,  and  I  do  not  regard  the  authority  of  tliis  (h^jiartment,  even,  as  sufficient  to 
take  up  the  original  (piestion,  and  direct  that  a  change  of  site  shall  be  made. 
Per  E.  W.  Keyes,  Deputy  Superintendent,  September  9,  1858. 

Iq  locating  two  sites  in  a  district,  the  whole  district  must  act  upon  the  question  of  each 
site,  not  Bimi)ly  the  sections  to  be  respectively  favored. 

Taxes  have  been  voti^l  for  the  building  of  two  school-houses  in  the  district, 
for  the  accommodation  of  the  inhabitants  in  the  remote  sections,  no  one  central 
site  being  accessible  to  all  the  inhabitants. 


Sites.  S71 

In  establishing  these  two  sites,  tlie  law  vests  the  authority  in  the  voters  of 
the  district — does  not  confine  it  to  tho  voters  of  each  section  or  locality,  for 
whose  benefit  the  site  is  to  be  established,  and  tho  whole  district  must  act  ou 
the  question  of  the  location  of  each  site.  Per  H.  H.  Van  Dyck,  Suporiutendout, 
May  8,  18G0. 

Where  trustees  purchase  a  site  designatetl  by  the  district,  an  appeal  from  their  action  will 
not  lie  ;  it  should  be  brought  from  the  proceedings  of  the  meeting  iu  designating  that 
Bite. 

This  is  an  appeal  from  the  action  of  the  trustees  in  purchasincf  a  school- 
housi  site,  and  contractin;^  for  the  building  of  a  scliool-house  thereon. 

The  acts  complained  of  were  under  the  authority  and  direction  of  votes  of 
the  inliabitants,  duly  convened  in  district  meeting.  The  appeal  should  have 
been  brought  from  these  pnjcei'dings  before  thirty  days  had  expired,  and 
Vicfore  th(!  trustees,  in  obedience  to  the  votes  of  these  meetings,  had  contracted 
for  the  site  and  f  )r  tlie  building  of  the  house.  Tho  district  is  bound  by  thesa 
contracts,  and  the  matter  has  now  passed  beyond  tlie  reach  of  equital)le  inter- 
position by  this  department,  and  must,  therefore,  be  permitted  to  take  ita 
natural  course.     Per  II.  II.  Van  Dyck,  Superintendent,  July  9,  1860. 

Consent  of  supervisor  to  a  change  of  site  must  be  as  prescribed  by  statute. 

The  statute  that  provides  for  change  of  school-house  site,  where  the  same 
has  once  been  duly  established,  carefully  guards  against  capricious  action  on 
the  part  of  the  inhabitants  of  a  district,  occasioned  by  slight  changes  in  the 
numerical  strength  of  parties  very  evenly  divided.  It  is  provided  by  the  stat- 
ute that  the  site  shall  not  be  changed  without  the  written  consent  of  the  super- 
visor, "  stating  that,  in  his  opinion,  such  removal  is  necessary."  The  object  of 
this  provision  is  to  vest  this  discretionary  power  in  one  presumed  to  be  disin- 
terested, and  who  will  act  solely  with  reference  to  his  opinion  of  the  educa- 
tional interests  to  be  promoted. 

It  'is  manifest,  therefore,  that  neither  the  letter  nor  the  spirit  of  the  statute 
is  complied  with  when  the  supervisor,  instead  of  expressing  an  opinion  founded 
on  his  own  convictions,  certifies  that  he  thinks  the  removal  "  necessary,  if  the 
inhabitants  so  determine."  His  opinion  must  be  founded  on  the  condition  of 
tilings  existing  in  the  district,  not  upon  what  may  be  the  vote  on  the  (juestion, 
and  a  consent  founded  upon  a  vote  of  the  inhabitants  amounts  to  no  consent 
at  all.     Per  H.  H.  Van  Dyck,  Superintendent,  December  4,  1860. 

Where  two  sites  have  been  designated  and  purchased  after  a  protracted  controversy  before 
this  department,  the  question  of  the  consent  of  the  commissioner  will  not  be  considered 
upon  a  subsequent  collateral  issue. 

On  an  appeal  from  the  proceedings  of  a  special  meeting,  the  objection  is  to  a 
certain  resolution,  passed  at  said  meeting,  whereby  certain  sums  of  money 
were  voted  to  be  expended  upon  two  school-houses  or  sites  in  said  district. 
The  objection  is  that  the  district  has  no  such  site,  because  due  and  proper 
consent  was  never  obtained  to  establish  such  site.  But  that  question  had 
already  been  settled  in  a  former  appeal  to  this  department. 

The  department  will  not  at  this  late  day  enter  upon  the  consideration  of  that 
question.  The  district,  and,  if  1  mistake  not,  these  appellants  themselves,  have, 
by  their  previous  action,  recognized  the  fact  of  such  site ;  it  has  been,  as  I 
understand,  purchased  ;  a  valid  title  obtained,  and  all  the  ostensible  evidences 
of  ownership  on  the  part  of  the  district  have  been  at  one  time  or  another 
produced.  I  do  not,  therefore,  now,  choose  to  inquire  whether  the  formal  con- 
Bent  of  the  commissioner  to  the  purchase  of  that  site  was  ever  given.  That 
would  have  been  a  proper  question  to  ]iresent  in  order  to  prevent  the  purchase, 
but  should  not  be  raised,  and  will  not  now  be  considered,  since  the  purchase 
and  other  acts  incident  thereto  liave  been  substantially  acquiesced  in.  Per  E. 
W.  Keyes,  Deputy  Superintendent,  March  28,  1861. 


372  Taxes  and  Taxation. 

Division  fences. 

In  regard  to  division  fences,  a  school  district  is  subject  to  tlie  same  liabilities 
as  any  other  owner  of  real  estate.  If  the  district  cliooses  to  let  the  site  lie 
open  to  the  liighway,  you  cannot  compel  them  to  build  or  maintain  any  por- 
tion of  a  division  fence.  If,  however,  you  build  such  fence,  and  the  district 
afterward  incloses  the  school  lot,  you  can  compel  the  inhabitants  to  refund 
half  the  expense  of  building  the  line  fence.  Per  V.  M.  liice.  Superintendent 
of  Public  Instruction,  October  2G,  1866.  {Letters,  vol.  5,  p.  663.) 

Money  must  not  be  paid  for  site  until  clear* title  is  obtained. 

Trustees  ought  not  to  pay  money  for  a  site  until  they  have  a  valid  title  from 
all  the  owners,  and  a  regular  release  under  seal  of  any  existing  mortgage  or 
other  incumbrance,  and  a  satisfaction  of  any  incumbrances  which,  though  paid 
in  fact  as  may  be  supposed,  are  not  discharged  of  record.  Per  E.  Peshine 
Smith,  Deputy  Superintendent,  March  24,  1855.  {Letters,  vol.  2,  p.  281.) 


TAXES  AND  TAXATION. 

No  notice  of  an  assessment  is  required  except  wliere  an  original  valuation  is  made ;  nor  is 
a  notice  that  a  tax  list  has  been  placed  in  the  hands  of  a  collector  for  collection  necessary. 

The  appellants  in  this  case  seek  to  obtain  an  order  setting  aside  a  tax  list  on 
the  following  grounds : 

1.  That  the  trustees  did  not  give  any  notice  to  the  tax  payers  to  meet  and 
review  their  assessment  roll ; 

2.  That  they  did  not  give  any  notice  that  said  tax  list  was  completed  and 
that  the  trustees  would  meet  on  a  certain  day  to  receive  payment  of  taxes  with- 
out any  per  centage ; 

3.  That  the  collector  did  not  advertise  according  to  law  that  he  would 
receive  voluntary  payment  of  taxes. 

These  objections  are  untenable.  The  present  school  law  does  not  require 
any  notice  of  an  assessment  to  be  given  by  the  trustees  of  a  district  except 
when  an  original  valuation  is  to  be  made,  which  was  not  done  in  this  case. 
Nor  does  it  require  the  collector  to  give  any  notice  whatever  that  a  tax  list  has 
been  placed  in  his  hands  for  collection.  All  of  the  former  provisions  of  law 
requiring  such  notices  to  be  given  have  been  repealed. 

The  appeal  is  therefore  dismissed.     Per  H.  S.  Randall,  May  20,  1853. 

When  different  parcels  of  property,  of  different  quality  and  value,  lying  in 
two  districts,  are  so  coupled  together  in  the  town  assessment  roll,  in  one  aggre- 
gate valuation,  that  their  separate  value  is  not  apparent,  and  cannot  be  fixed, 
Avithout  an  exercise  of  judgment  on  the  part  of  the  trustees,  a  new  valuatioa 
should  be  made,  and  notice  given.     Per  Young,  Nov.  23,  1842. 

Contiguous  territory  lying  partly  in  two  or  more  districts,  occupied  and  cultivated  as  one 
farm,  is  taxable  in  the  district  in  which  the  occupant  resides. 

The  facts  in  this  case  as  submitted  are  as  follows  :  Whitman  was  the  owner 
and  occu])ant  of  a  farm  in  district  No.  12,  but  recently  purchased  another  lot 
of  land  contiguous  to  his  farm  and  lying  in  district  No.  2,  and  removed  his 
residence  to  district  No.  2. 

Whitman,  residing  in  No.  2,  is  taxable  in  No.  2,  for  all  the  land  he  occupies 
and  cultivates  which  is  composed  of  contiguous  territory. 

The  farm  lying  in  No.  12,  on  which  he  formerly  resided,  lying  contiguous  to 
the  farm  upon  which  ho  now  resides  in  No.  2,  and  both  farms  being  occupic) 
by  him,  is  taxable  in  No.  2  and  not  in  No.  12. 


Taxes  and  Taxation.  373 

But  the  tenant  of  Whitman  is  a  resident  of  No.  12,  and  must  be  taxed  there, 
for  the  house  and  {^arden  occupied  by  him.     Per  Morgan,  June  7,  1848. 

Where  a  tax  payer  voluntarily  moves  from  one  district  to  another  he  is  liable  to  a  tax  for 
biiildini,'  a  pchool-hoiise  in  the  latter  district,  even  if  within  four  years  he  has  paid  a  tax 
for  that  purpose  in  the  district  from  which  ho  removes. 

Benjamin  Mix,  the  petitioner,  owns  a  farm  ])artly  situated  in  district  No.  16, 
and  partly  in  No.  10,  (iouverneur.  St.  Lawrence  county.  Until  last  August  ho 
lived  within  the  bounds  of  No.  10,  but  at  tlaat  time  he  moved  into  district  No. 
10.  While  a  resident  of  No.  10,  he  contributed  his  share  of  the  expense  of 
building  a  scliool-houso  in  that  district.     This  was  about  eight  years  since. 

The  inhabitants  of  No.  10  have  recently  raised  a  tax  to  build  a  new  school- 
liouse,  and  have  included  the  farm  of  Mr.  Mix  in  tlieir  tax  list.  He  wishes  to 
be  released  from  the  payment  of  the  tax. 

This  petition  must  l)e  denied,  because  the  law  exempts  only  those  who  have 
been  set  ofl"  from  another  district  without  their  consen't  within  four  years  from 
the  payment  of  a  tax  for  building  a  school-house. 

Mr.  Mix  voluntarily  moved  from  No.  16  to  No.  10,  and  moreover  upward 
of  four  years  have  elapsed  since  he  was  taxed  for  building  a  school-house,  so 
that  he  cannot  claim  exemption  on  either  ground. 

The  petition  is  dismissed.  Per  A.  G.  Johnson,  Deputv  Superintendent, 
August  7,  1848. 

A  tax  may  be  levied  to  finish  the  erection  of  a  school-house  commenced  by 
subscription,  provided  the  district  own  the  site ;  if  not,  the  subscribers  must 
first  relinquish  their  title  to  the  district.     Per  Dix,  May  11,  1838. 

When  a  school-house  is  so  decayed  as  to  be  no  longer  adapted  to  its  purposes, 
the  district  may  raise  money  by  tax  to  build  a  new  one,  by  a  majority  vote, 
and  without  a  special  notice  of  the  intent  to  i)roj)ose  such  a  tax,  at  an  annual 
meeting.     Per  Spencer,  January  15,  1840. 

When  the  trustees  make  any  change  in  the  valuation  of  property  differing:  from  the  valua- 
tion, as  appears  by  the  assessment  roll,  they  should  give  twenty  days'  notice  of  the 
changes  they  have  made  to  the  inhabitants  of  the  district  ail'ected  thereby. 

The  appellant  in  this  case  represents  that,  on  or  about  the  2d  of  March  last, 
a  tax  w-as  voted  for  the  support  of  schools  at  a  special  meeting  called  and  held 
in  district  No.  1,  under  the  provisions  of  the  new  school  law  ;  and  that  the 
trustees,  in  apportioning  the  tax  thus  voted,  altered  the  valuations  of  the  tax- 
able property  of  the  district  from  the  assessment  roll  of  the  town  in  several 
instances  specified  l)y  the  api^ellant,  and,  among  others,  in  his  own  case,  with- 
out giving  the  notices  prescribed  by  law,  in  consequence  of  which  a  larger  sum 
has  been  assessed  to  him  and  others  than  was  equitable  and  j  ust. 

The  trustees,  in  their  answer,  do  not  deny  the  charge  that  a  departure  from 
the  last  assessment  roll  of  the  town  was  made  by  them  in  ascertaining  the 
valuation  of  the  taxaljle  property  referred  to,  witliout  giving  the  notice  i)re- 
scribed  by  law,  but  claim  that  the  valuations  put  by  them  on  such  property 
were  substantially  correct  and  in  accordance  with  the  standard  adopted  by  the 
assessor. 

The  Superintendent  is  of  opinion  that  the  defense  thus  sot  uji  by  the  trustees 
is  invalid  and  untenabh;.  The  law  spccifu'iilly  requires  that,  in  all  cases  where 
the  valuati(uis  of  taxable  property  cannot  be  ascertained  from  the  last  a.ssos3- 
ment  roll  of  the  town,  the  trustees  shall  ascertain  the  same  from  the  best 
means  of  information  within  their  power,  giving  notice  to  all  persons  inter- 
ested, and  proceeding  in  the  same  way  that  town  assessors  are  required  to  pro- 
ceed in  the  first  instance.  Unless,  therefore,  this  requisition  is  strictly  complied 
with,  the  assessment  tlius  made  by  the  trustees  is  illegal  and  invalid,  whatever 
may  be  the  standard  of  valuation  adopted  by  them,  or  whether  such  valuations 
are  just  and  equitable  or  not. 


3V4  Taxes  axd  Taxation. 

Tlie  persons  interested  in  sucli  alteration  were  entitled  to  notice  in  the  mode 
prescribed  by  law,  and  to  an  opportunity  of  appearing  before  the  trustees  and 
claimin.ff  a  reduction  of  their  assessments  as  so  ascertained ;  and  they  may 
le^yally  avail  themsslves  of  the  omission  to  give  such  notice,  either  to  resist  the 
collection  of  the  tax  thus  illegally  imposed,  or  to  bring  an  ap]:)eal  to  this 
department  for  such  redress  as  may  be  in  its  power  to  afford.  The  tax  list, 
being  void  in  part,  is  void  throughout. 

It  is  accordingly  hereby  ordered  that  the  tax  list  made  out  by  the  trustees 
of  district  No.  1,  in  the  town  of  Fowler,  in  pursuance  of  the  vote  of  the  special 
meeting  held  in  said  district,  be,  and  the  same  is  hereby,  set  aside,  and  the 
tru-stees  are  directed  and  required,  within  thirty  days  from  the  date  hereof,  to 
make  out  a  new  tax  list  iu  accordairce  with  law,  and  to  deliver  the  same,  with 
their  warrant  annexed,  to  the  collector  of  the  district  for  collection,  refunding, 
if  required,  any  amount  heretofore  illegally  collected.  Per  Morgan,  June 
4,  1850. 

The  assessment  roll  of  a  town,  as  revised  by  the  assessors  anrl  delivered  to  the  supervisors, 
is  complete  so  far  as  to  bind  the  trustees  iu  making  out  a  tax  list. 

The  trustees  of  joint  district  No.  1,  Gates  and  Chili,  Monroe  county,  in  mak- 
ing a  tax  list  on  the  15th  day  of  October,  1855,  adopted  the  valuations  of  the 
town  assessment  rolls  for  1854.  The  rolls  for  1855  had  not  then  been  revised 
by  the  supervisors,  and,  as  those  of  the  two  towns  differed  very  materially  in 
their  valuations  of  real  estate,  the  trustees  considered  it  unjust  to  follow  them 
until  such  revision.  In  this  the  triistees  erred,  and  their  tax  list  is  conse- 
quently erroneous.  It  has  been  repeatedly  decided  by  this  department^  and 
also  by  the  supreme  court,  that  when  the  assessment  roll  has  been  revised  by 
the  assessors  and  delivered  to  the  super\asors,  it  becomes  so  far  complete  as  to 
bind  the  trustees. 

If  the  trustees  of  a  joint  district  regard  the  valuations  of  the  two  town  assess- 
ment rolls  as  not  substantially  just,  as  compared  with  each  other,  so  far  as  such 
district  is  concerned,  they  have  the  right  to  a]iply  to  the  supervisors  of  the 
towns,  parts  of  which  are  embraced  within  their  school  district,  to  determine 
the  relative  proportion  of  taxes  that  ought  to  be  assessed  ujjon  the  real  prop- 
erty of  the  parts  of  such  district  so  lying  in  different  towns.  {Sec.  69,  title  7, 
chap.  555,  Lmvs  of  1804.) 

They  can  resort  to  this  remedy  as  well  after  as  before  the  board  of  super- 
visors has  revised  and  eijualized  tlie  town  assessment  rolls. 

The  appeal  is  sustained,  and  the  trustees  authorized  to  amend  their  tax  list 
in  accordance  with  law.     Per  E.  P.  Smith,  June  4,  1856. 

It  is  tlio  duty  of  the  trustees  in  laying  a  tax  to  assess  the  same  against  every  person  within 
tlic  district  who  owns  or  is  in  possession  of  taxable  property  at  the  time  of  making  out 
such  la.x  list. 

On  the  third  day  of  February,  Mr.  Hoyt  sold  all  his  real  estate  in  said  district 
to  William  Moreau,  and  executed  and  delivered  a  deed  to  him.  Mr.  Hoyt 
renuiins  in  possession,  and  by  the  contract  will  remain  in  possession  till  April 
1,  1818.  February  15,  1848,  the  trustees  of  the  district  proceeded  to  make  out 
a  tax  list  upon  a  tax  voted  January  15,  1848,  to  build  a  school-house.  They, 
with  a  full  knowledge  of  the  above  sale  and  conveyance,  assessed  Mr.  Hoyt 
with  th(!  fariii  and  real  estate  so  sold. 

Mr.  Iloyt  claims  that  the  land  should  have  been  assessed  to  Mr.  Moreau. 

Tlie  trustees  were  riglit.  By  section  85,  chapter  480,  Laws  of  1847,  the  trus- 
tees are  required  to  ap])ortion  a  tax  upon  "  all  the  taxable  inhabitants  holding 
property  in  tlie  district,  according  to  the  valuations  of  the  taxable  property 
which  shall  be  owned  or  i)ossessed  by  them  at  the  time  of  making  out  such 
list."  Mr.  Hoyt,  at  tlu;  time  of  making  out  the  list,  liad  not  given  up  posses- 
sion and  must  he  considered  the  possessor. 

It  is  to  be  ])resumed  that  the  purchase-money  is  not  to  be  paid  until  posses- 
sion is  delivered,  iu  v/hieh  case  tlie  trustees  could  not  assess  the  price  of  the 


^  Taxes  and  Taxation,  375 

farm  to  Mr.  Iloyt  as  personal  property.     The  appeal  is  dismissed.    Per  Mor- 
gan, March  18,  1848. 

Taxation  of  a  person  having  the  naked  possession  of  land  without  color  of  title.    A  previ- 
ous case  commented  on  and  explained. 

On  the  first  day  of  April  last,  Mr.  Davis  executed  and  delivered  a  deed  of 
his  farm  to  Mr.  Frost,  the  owner  of  the  adjoiuinjr  land,  receiving  from  him  a 
payment  of  $900  in  cash,  and  the  promissory  notes  of  tliird  jMrson.s,  and  a  mort- 
gage for  tlie  residue  of  the  purcliase-money.  On  the  twclftla  day  of  April,  tlie 
trustees  made  out  a  tax  list,  and,  as  Mr.  Davis  still  continued  in  possession  of 
the  farm  he  had  sold,  assessed  him  for  the  value  thereof  Upon  his  objecting, 
and  stating  to  the  trustees  tliat  he  was  in  possession  only  at  sufferance,  while 
waiting  for  the  opening  of  lake  navigation  to  transport  his  family  and  effects 
to  Wisconsin,  the  trustees  proposed  to  assess  him  for  the  jirice  of  the  farm  as 
j)ersonal  prope^'ty.  To  tliis  he  replied  that  he  had  already  made  a  contract  for 
the  purchase  of  a  farm  in  Wisconsin,  and  bound  himself  to  pay  a  larger  sum 
than  tliat  for  which  he  had  sold  his  farm,  and  offered  to  make  an  affidavit  that 
his  debts  exceeded  the  value  of  his  personal  property.  The  trustees  being 
satisfied  of  the  truth  of  his  statement,  but  supposing  themselves  bound  to 
assess  liim  for  the  farm  by  a  decision  of  the  Superintendent,  united  with  Mr. 
Davis  in  siil)mittiug  the  facts  for  a  decision. 

Tlie  trustees  have  bejn  misled  by  overlooking  the  distinction  between  the 
present  case  and  tliat  to  whicli  they  refer.  In  the  former  case,  Mr.  Hoyt 
reserved  the  right  of  possession  for  a  definite  period,  and  was  th(^  actual  owner, 
with  all  the  responsibilities  of  ownership,  until  that  period  arrived.  In  this 
case,Mr.  Davis,  thougli  actually  in  possession,  is  without  any  claim  of  title  to 
possession  for  an  hour.  Mr.  Frost  is  the  admitted  owner,  though  he  has  not 
exercised  his  extreme  right  by  inhospitably  turning  his  neiglibor  out  of  doors. 
As  such  owner  he  is  lial)le  to  be  taxed  for  the  real  estate  purchased. 

The  facts  conceded  in  respect  to  tlie  indebtedness  of  Mr.  Davis  are  a  conclu- 
sive answer  to  any  supposed  obligation  on  the  part  of  tlie  trustees  to  assess 
him  for  personal  estate,  though  tlie  fact  that  he  is  about  to  remove,  and  can 
receive  no  benefit  from  the  tax,  has  no  legal  im])ortance  in  the  question.  Per 
A.  G.  Johnson,  Deputy  Superintendent,  May,  1849. 

Land  worked  under  a  contract,  by  which  the  lessee  is  to  share  in  the  produce  thereof,  is 
subject  to  taxation  in  the  district  where  it  is  situated. 

The  appellant  is  the  owner  of  lot  No.  34,  included  in  the  boundaries  of  dis- 
trict No.  9,  Wirt,  Allegany  county,  and  also  of  lot  No.  26,  which  adjoins  it,  but  is 
included  within  the  boundaries  of  district  No.  1,  and  is  in  the  occupation  of  an 
inhabitant  of  district  No.  1,  holding  under  a  lease  by  which  he  renders  a  sharo 
of  the  produce  to  the  appellant.  The  statute  expressly  provides  that  any 
person  working  land  under  a  contract  for  a  share  of  the  produce  of  such  land 
shall  be  deemed  the  possessor,  so  far  as  to  render  him  liable  to  taxation  there- 
for in  the  district  where  such  land  is  situate.  The  trustees  aver  that  the 
existence  of  such  a  lease  never  came  to  their  knowledge  imtil  after  the  making 
out  of  the  tax  list.  This  is  doubtless  true;  but  tlii;y  were  bound  to  know  the 
limits  of  their  own  district,  and  were  bound  at  their  peril  not  to  impose  a  tax 
upon  any  one,  in  respect  to  land  outside  ()f  their  limits,  unless  it  was  in  his 
actual  possession,  constituting  a  part  of  real  property  "  jiartly  within  such  dis- 
trict and  partly  in  an  adjoining  district." 

It  is  an  anomaly  that  land  lying  in  one  district  should,  under  any  circum- 
stances, be  withdrawn  from  its  liability  to  supix)rt  the  public  burdens  of  such 
district,  and  made  to  contribute  to  those  of  another  in  which  the  owner  may 
reside.  The  law  is  to  be  so  construed  as  to  restrict  such  cases  within  the 
narrowest  possible  limits. 

The  ajipeal  is  therefore  sustained.  The  trustees  must  correct  their  tax  list, 
by  excluding  therefrom  the  valuation  of  lot  No.  26,  and  by  assessing  so  much 
of  the  tax  as  is  imposed  upon  the  appellant  by  reason  of  his  ownership  of  such 


376  Taxes  A^"D  Taxation. 

lot  on  tlio  taxable  inliabitants  of  the  district,  in  proportion  to  tlieir  respective 
valuations.     Per  E.  P.  Smith,  Deputy  Superintendent,  May  20,  1856. 

Presumptively,  the  trustees  of  a  school  district  have  no  right  to  go  beyond  the  boundaries 
of  their  district  to  tax ;  and  when  they  do,  it  lies  upon  ihem  to  establish  the  power  to 
tax,  and  not  upon  the  party  taxed  to  disprove  it. 

The  trustees,  in  the  answer,  rely  upon  tlie  fact  that  the  appellant  did  not 
show  tliat  he  claimed  a  reduction  of  his  tax,  or  that  he  notified  them  of  the 
alienation  of  the  property,  by  the  taxation  of  which  he  is  aggrieved.  They  do 
not  deny  any  of  the  facts  set  up  in  the  appeal. 

The  appellant  avers  that,  about  two  months  previous  to  the  making  out  of 
the  tax  list,  he  had  sold  the  southern  part  of  lot  No.  35  (120  acres),  in  parcels, 
to  two  persons,  who  took  possession  and  resided  upon  it.  It  is  not  within  the 
limits  of  district  No.  7,  but  adjoins  land  owned  by  the  appellant  in  that  dis- 
trict. This  is  the  only  circunistance  in  support  of  tlie  authority  of  the  respond- 
ents to  tax  it.  The  statute,  however,  requires  that  it  should  be  owned  or 
possessed  by  a  taxable  inhabitant  of  tlieir  district  at  the  time  of  making  out 
Buch  list. 

The  power  being  in  derogation  of  common  right,  which  would  exempt  all 
land  from  being  taxed  elsewhere  than  in  the  district  where  it  lies,  must  be 
construed  rigidly.  The  possession  of  the  purchasers  is  of  itself  notice  of  their 
rights,  and  should  put  the  trustees  upon  in(iuiry. 

While  the  last  assessment  roll  is  to  guide  them  in  the  valuation  of  any 
property  which  they  may  be  authorized  to  tax,  unless  the  right  to  a  reduction 
of  such  a  valuation  be  established,  it  cannot,  in  the  nature  of  things,  establish 
the  liability  of  such  property  to  taxation.  Presumptively,  the  trustees  have 
no  right  to  go  beyond  their  district  limits  ;  when  they  do  so,  it  lies  upon  them 
to  establish  the  power,  and  not  upon  the  party  taxed  to  disprove  it  or  to  take 
notice  that  it  is  about  to  be  exercised  unless  he  remonstrates.  The  appeal 
must  be  sustained.     Per  V.  M.  Kice,  February  28,  1855. 

Trustees  are  to  assess  the  road  bed  of  a  turnpike  precisely  as  if  that  portion  of  it  lying  in 
their  district  belongs  to  an  individual  not  owning  the  remainder;  unless  the  net  annual 
income  of  the  company  over  and  above  all  exi)enses  for  repairs,  etc.,  is  less  than  five  per 
cent  upon  the  original  cost,  in  which  case  the  road  is  exempt  from  taxation. 

The  turnpike  company  were  not  assessed  upon  the  town  roll,  and  the  trustees 
admit  that  they  gave  no  notice  of  the  completion  of  their  roll,  and  consequently 
neither  the  appellant  nor  any  other  person  had  the  opportunity  of  calling  ibr 
the  correction  of  the  valuation  of  the  company's  property.  The  a])pellant3 
swear  positively  that  the  property  of  the  company  assessed  at  $600  is  worth 
$2,000,  and  the  respondents  in  their  answer  show  that  they  assessed  it  simply 
as  they  would  agricultural  ])roperty  at  $30  \)cv  acix;,  and  apparently  without 
allowing  any  thing  for  the  labor  and  materials  employed  in  making  the  land 
covered  by  the  road  bed  productive'  and  valuable  as  a  turnpike.  It  is  of  courso 
impossible  for  the  Superintendent  to  judge  to  what  degree  this  valuation  may 
be  erroneous.  It  is  suilicient  objection,  however,  that  the  appellant  has  n(jt 
had  the  opportunity,  which  the  statute  dosigniid  to  secure,  of  producing  such 
evidence  to  the  trvistecs  as  he  deemed  projier  to  induce  them  to  increase  this 
valuation  and  thereby  lighten  the  burden  of  his  own  taxation.  The  judgment 
of  the  supreme  court  in  the  case  of  "  7'he  Albany  and  Schenectady  liailroad 
Company  v.  Uvhorn "  (12  Barbour's  Su]ireme  Court.  Reports,  223)  shows  that  the 
appellant  is  mistaken  in  supposing  that  the  value  of  the  stock  is  to  control 
the  trustees  in  judging  of  the  value  of  that  portion  of  the  plank-road  in  their 
district  They  are  to  assess  the  road  bed  i)recisely  as  if  that  portion  of  it  in 
the  district  belonged  to  an  individual  owner  not  owning  the  remaind(!r,  unless 
the  net  annual  income  of  the  company  over  and  above  all  expenses  and  repairs 
and  collection  of  tolls  is  less  than  five  per  cent  upon  the  original  cost  of  the 
road,  in  which  case  the  road  is  exempt  from  taxation.  {Laus  of  1854,  p.  168.) 
Per  V.  M.  Kice,  March  24,  1855. 


Taxes  and  Taxation.  377 

When  the  assessment  roll  of  a  town  is  nt  the  county  scat  in  the  custody  of  the  hoard  of 
supervisors,  and  a  tax  is  votod  in  its  absence,  it  is  a  sufficient  excuse  fur  not  making  out 
the  tax  list  within  thirty  days  after  it  is  voted.    The  statute  is  merely  directory. 

At  a  district  meeting'  in  the  town  of  Wilson,  held  November  28,  1848,  a  tax 
of  fifteen  dollars  was  voted  for  the  purpose  of  furnishing  the  school  with  wood 
during  the  winter. 

The  last  assessment  roll  of  the  town  being  at  the  county  seat,  the  trustees 
did  not  make  out  the  tax  list  within  the  time  directed  by  law.  Tliinking  the 
tax  had  become  void,  they  gave  the  district  clerk  a  verbal  notice  to  cause  a 
si)ecial  meeting  to  bo  held  the  twentieth  day  of  November  for  the  purpose  of 
voting  the  tax  again.  The  meeting  was  held  and  the  tax  voted.  Also  a  tax 
was  voted  to  repair  the  school-house,  without  the  proper  notice  being  given. 
Objection  being  made  by  some  of  the  inliabitants  to  this  meeting — first,  becauso 
the  notice  of  the  trustees  Avas  not  written,  and,  second,  because  a  tax  was  voted 
to  repair  the  school-house  without  the  proper  notice — the  trustees  called  an- 
other meeting,  to  be  held  the  twenty-third  December,  for  the  same  purpose. 
At  this  meeting  the  motion  to  raise  the  tax  for  wood  was  negatived. 

From  this  vote  the  trustees  appeal.  According  to  a  vote  of  the  district  at 
the  annual  meeting,  the  trustees  assumed  responsibilities  in  behalf  of  the  dis- 
trict for  which  they  were  directed  to  raise  a  tax.  Although  the  tax  list  may 
not  have  been  made  out  within  thirty  days  after  the  tax  was  voted,  no  subse- 
quent vote  of  the  district  could  change  their  liability  to  taxation  for  wood. 
The  trustees  acted  under  the  direction  of  the  district,  and  could  not  therefore 
be  made  personally  responsible,  if  they  acted  in  good  faith.  The  statute  relat- 
ing to  the  time  of  making  out  a  tax  list  is  directory  merely,  and  a  failure  to 
comply  with  it,  through  accident  or  for  good  reasons,  does  not  render  a  tax 
that  has  been  voted  illegal.  The  trustees  in  this  case  had  good  reasons  for  not 
completing  the  tax  list  in  thirty  days,  to  wit,  the  absence  of  the  assessment 
r.ill.  The  trustees  are  hereby  authorized  to  levy  the  tax  voted  at  the  annual 
meeting.     Per  Morgan,  January,  1849. 

■SVhcrc  a  person  voted  at  a  district  meeting  on  the  ground  that  he  had  fifty  dollars  in  per- 
sonal properly  liable  to  taxation,  it  is  the  duty  of  the  trustees  to  include  him  in  their  tax 
list,  even  though  his  name  be  not  on  the  assessment  roll  of  the  town  ;  and,  if  they  negloct 
to  do  so,  the  department  will  set  aside  their  assessment  and  order  them  to  include  the 
person  so  left  out. 

At  a  district  meeting  held  in  district  No.  8,  Marcy,  Oneida  county,  on  the 
18th  day  of  August,  1848,  a  tax  of  §100  was  voted  to  be  raised  by  two  equal 
installments,  for  the  purpose  of  building  a  school-hotise. 

The  trustees  made  out  a  tax  list  for  the  whole  amount,  and,  after  giving  the 
notice  required  by  law,  and  no  one  appearing  before  them  to  claim  reduction, 
delivered  it,  with  their  warrant  attached,  to  the  collector. 

Oljection  is  now  made  to  this  assessment  because  persons  are  not  included  in 
till!  tax  list  who  voted  at  the  meeting  to  raise  the  tax,  upoii  the  qualification 
of  having  personal  property  to  the  amount  of  fifty  dollars  liable  to  taxation. 

In  making  out  the  tax  list,  trustees  should  assess  all  the  taxable  inhabitants 
of  their  district,  whether  tliey  are  included  in  the  last  assessment  roll  of  the 
town  or  not.  But  they  are  not  ret^uired  to  include  a  person  in  a  tax  list,  upon 
the  supi)osition  that  he  has  p(n"sonal  j)roperty  liable  to  taxation.  They  must 
have  satisfactory  ]iroof  of  it,  as  that  a  person  has  come  into  possession  of  prop- 
erty since  the  last  assessment  roll  of  the  town,  liy  inheritance  or  otherwise,  or, 
as  in  the  present  case,  that  a  person  voted  at  a  district  meeting  under  the 
qualification  of  liaving  fifty  dollars  personal  property  liable  to  taxation. 

The  trustees  must  include  such  persons  in  their  tax  list.  It  is,  therefore, 
hereby  decided  that  the  tax  list  made  out  by  the  trustees  of  district  No.  8, 
Marcy,  in  which  all  the  taxable  inhabitants  of  the  district  were  not  included, 
is  illegal.     Per  Morgan,  November  20,  1848. 

It  is  tlie  duty  of  trustees  to  assess  all  persons  who  voted  on  the  ground  of 
having  fifty  dollars'  worth  of  property,  unless  before  the  tax  list  is  made  out 

48 


378  Taxes  and  Taxation. 

Buch  property  is  converted  into  real  estate,  in  wLicli  case  the  latter  is  to  be 
taxed  if  within  the  district,  and  the  personal  property  is  to  be  omitted.  Per 
E.  W.  Kcyes,  Deputy  Superintendent,  March  25, 18G4.  {Letters,  vol.  3,  pp.  54,  55.) 

A  mortgage  given  to  secure  the  purchase-money  of  real  estate  is  subject  to  taxation  in  the 
district  where  the  mortgagee  resides. 

From  the  statements  of  the  county  superintendent  in  tliis  case  it  appears 
that  ou  the  12th  of  March  last  a  tax  was  voted  in  district  No.  8,  in  which  tlie 
appellant  resides,  for  tlie  purpose  of  erecting  a  school-house,  which  was  duly 
assessed  on  the  taxable  iuliabitants,  according  to  law,  by  the  trustees,  on  the 
23d  of  the  same  month.  At  the  time  of  voting  the  tax  the  appellant  was 
the  owner  of  a  farm  in  the  district,  which  Avas  leased  to  a  tenant  whose  term 
expired  on  the  1st  of  April  subsequently.  On  or  about  the  18th  of  March 
intermediate  tlio  voting  and  the  assessment  of  the  tax,  he  sold  the  farm  to  a 
non-resident  of  the  district  and  took  a  mortgage  for  the  purchase-money, 
stipulating  to  give  possession  on  the  exi^iration  of  the  lease,  fnjm  which  period 
interest  on  tlie  amount  secured  to  be  paid  by  the  mortgage  was  to  comnuuice. 
The  principal  question  involved  in  the  appeal  is,  as  to  the  right  of  tlie  trustees 
to  tax  the  appellant  for  the  amount  secured  to  be  paid  as  the  purchase- money 
of  the  farm  sold  by  him.  The  county  superintendent  decided  that  the  trustees 
were  legally  authorized  to  include  the  amount  in  their  tax  list,  vmder  the  head 
of  personal  property,  from  wliich  decision  the  present  appeal  is  brought.  The 
rule  of  law  in  this  respect  has  been  correctly  stated  Ijy  the  county  superin- 
tendent It  is  that,  wliere  a  farm  is  sold,  ilie  vendor  remaining  in  the  district 
is  taxable  for  the  avails  of  such  sale  as  personal  property,  wlietiier  such  avails 
are  in  the  shape  of  money  or  seciu'ities  for  its  payment,  while  the  purchaser  or 
his  agent,  wliether  resident  or  non-resident,  is  taxable  for  the  real  estate.  In 
the  present  case  the  farm  of  the  appellant  had  been  sold  and  a  mortgage  exe- 
cuted for  the  purchase-money  prior  to  the  assessment  of  the  tax  previously 
voted ;  and  in  accordance  with  the  principle  above  laid  down,  the  appellant 
was  clearly  taxable  for  such  purchase-money  as  personal  estate,  and  the 
purchaser  as  the  non-resident  owner  of  the  real  estate.  Nor  can  this  principle 
be  in  any  respect  alfected  by  the  arrangement  between  the  parties  relative  to 
the  period  when  possession  was  to  be  taken,  or  interest  to  commence  running 
on  the  mortgage.     Per  S.  Young,  December  4,  1844. 

A  tax  by  installments  cannot  be  raised  for  any  other  purpose  than  "for  building,  hiring  or 
purchasing  a  school-house,"  and  then  the  tax  cannot  be  raised  by  installments,  unless  it 
exceeds  i^lOO. 

(Tax  must  now  exceed  $1,000— to  be  voted  in  installments.) 

District  No.  3,  Berlin,  Rensselaer  county,  at  a  meeting  held  December  20, 
1855,  voted  to  repair  their  school-house,  build  privy  and  fence,  and  move  the 
house,  and  that  the  tax  for  such  purpose  should  be  raised  by  two  annual 
installments. 

The  law  does  not  permit  the  vote  of  a  tax  to  be  raised  by  installments,  for 
any  otlier  purpose  than  that  of  building,  hiring  or  purchasing  a  school-house, 
and  even  in  that  case  the  tax  must  not  be  raised  by  installments  unless  it 
exceeds  $400.     Per  V.  M.  Rice,  February  9,  1850. 

A  tax  voted  for  the  purchase  of  a  site  cannot  bo  raised  by  installments.  A  tax  list  for  the 
whole  amount  must  be  made  out  within  thirty  days  from  the  voting  of  the  Uix. 

This  is  an  appeal  from  the  proceedings  of  an  adjourned  special  meeting 
lield  on  the  4tli  of  May  last,  at  which  the  site  of  the  school-house  of  the 
district  was  changed  and  a  tax  of  $200  voted  to  build  a  school-house  thereon 
and  to  fence  the  site,  such  tax  to  be  collected  in  two  equal  installments,  onc- 
lialf  on  the  1st  of  Sei)teml)er  and  the  remainder  on  the  1st  of  December  next. 

There  is  an  objection  appearing  u[)()n  the  face  of  the  jjroci^edings,  which  is 
fatal  to  the  validity  of  the;  vote  for  raising  the  tax  for  purchasing  the  site. 
The  Superintendent  is  unable  to  find  any  authority  in  the  school  law  for  raising 


Taxes  and  Taxatiox.  379 

the  amount  provided  for  by  the  vote  of  the  district  in  two  installments,  one 
payable  in  Siiptembar  and  the  other  in  December  next.  When  a  fjreater  sum 
than  §100  (§1,0UD)  is  directed  to  bo  raised  for  buildinfr  a  school-house,  in  the 
mannjr  prescribed  by  section  19,  title  7,  School  Laws,  such  amount  may  bo 
raisjd  in  equal  annual  installments,  as  therein  provided ;  but  where  tho 
amount  to  be  raised  is  for  the  puri)ose  of  a  site,  no  provision  exists  for  raising 
such  amoiuit  by  installments,  and  the  law  recjuires  the  tax  list  for  tho  wholo 
amount  to  be  made  out  witliin  tlurty  clays  frum  the  voting  of  tlxe  tax.  Tho 
resolution  referred  to  was  therefore  illegal  and  invalid  for  this  cause,  and  so 
much  of  the  jjroceedings  of  the  special  meeting  appealed  i'ron\  as  relates  to 
the  raising  of  the  tax  of  §200  to  purchase  and  fence  the  site,  payable  in 
installments,  as  therein  specitied,  is  hereby  set  aside.  Per  V.  M.  Rice,  Super- 
intendent, June  12,  1854. 

Persons  who  are  by  their  profossion  dedicated  to  the  service  of  God  and  the  cure  of  souls, 
and  haviu;^  a  license  to  preach,  or  who  have  complied  with  tlie  form  and  mode  of  ordiniv- 
tion,  are  ministers  of  tlie  gospel  within  the  law. 

This  is  a  case  arising  in  a  school  district  in  Piiiladeliniia,  Jefferson  county, 
where  the  trustees  doubted  the  riglit  of  a  person  claiming  to  be  a  clergyman, 
to  be  exempt  from  taxation. 

The  intention  of  the  law  relating  to  tho  taxation  of  property  belonging  to 
ministers  of  the  gospel  must  be  considered  as  applicable  only  to  those  who  are 
by  their  profession  dedicated  to  tlie  service  of  God  and  the  cure  of  souls.  In  a 
churcli  where  a  license  to  preach  is  required,  or  where  a'form  of  ordination  is 
ne^-essary,  tlie  license  should  be  obtained  or  the  form  complied  with  in  order  to 
entitle  an  individual  to  exemption  under  the  law.  I  am  of  opinion  that  a 
license  limited  in  point  of  time  is  sufficient  to  entitle  the  individual  hol'liug 
it  to  an  exemption  for  the  time  during  which  it  coutiuues.  Per  Dix,  June 
11,  1838. 

Non-practicing   clergymen  not   entitled   to   the   reduction   of   $1,500,  made   in    favor  of 
practicing  ministers  of  the  gospel. 

Wiiere  clergymen  have  to  all  intents  and  purposes  given  up  their  profession, 
the  fact  that  they  have  for  a  number  of  years  been  engaged  in  business  of 
an  entirely  different  character,  and  have  not  meanwhile  been  settled  over  any 
church  as  pastor,  affords  strong  ground  of  presumption,  that  they  have  given 
up  the  practice  of  tlieir  profession.  They  are  not,  in  my  opinion,  entitled  to  the 
reduction  of  $l,r)00,  which  the  law  makes  in  favor  of  practicing  ministers  of 
tlie  gospel.  The  intention  of  the  law  is  to  exem]3t  those  wlio  are  actual 
clergymen  practicing  their  profession,  or  who,  if  not  practicing  it,  are  not 
engaged  in  any  other  business.  Per  S.  D.  Barr,  Deputy  Superintendent, 
November  23,  18G5.  {Letters,  vol.  4,  p.  561.) 

The  personal  property  of  the  deceased  is  taxable  in  the  district  where  the 
administrator  resides.  {Si;e  sec.  5,  title  2,  c/iap.  12,  J{.  S.,  bth  td.)  Per  V.  M.  Rico, 
Superintendent,  November  21,  18(55.  {Letters,  vol.  4,  p.  572.) 

A  lot  owned  by  a  church,  on  which  there  is  no  church  building,  is  not 
exempt  from  taxation.  Per  V.  M.  Rice,  Supca-intendent  Public  Instruction, 
Ai)ril  23.  18GG.  {Letters,  vol.  5,  p.  325.) 

Where  territory  is  added  to  a  district  after  tax  has  been  voted  to  build  new  school-house, 
but  before  tax-list  for  same  has  been  made  out  and  placed  in  hands  of  collector,  it  does 
not  atl'i-et  the  action  of  district  in  voting  tax,  and  newly  gained  territory  is  liable  to  pay 
its  part  of  tax. 

The  addition  of  territory  to  a  district  after  a  tax  has  been  voted  in  such  dis- 
trict for  the  puri)ose  of  building  a  now  school-house,  but  before  the  tax  list  for 
tho  sami!  has  been  made  out  and  placed  in  the  hands  of  the  collector,  does  not 
affect  the  action  of  the  district  in  voting  the  tax,  and  the  newly  acquired  ter- 
ritory is  liable  to  pay  its  proportion  of  the  tax. 


380  Taxes  and  Taxation, 

A  special  meeting  may,  however,  be  called  at  any  time,  and  before  tlie  tax 
list  lias  been  completed  by  the  delivery  to  the  collector  the  inhabitants  may, 
by  a  majority  vote,  rescind  the  resolution  authorizing  a  tax  for  a  new  school- 
house.  Per  V.  M.  Rice,  Superintendent,  November  28, 1865.  {Letters,  vol.  4,  p.  585.) 

Trustees  act  judicially  in  levying  a  tax,  and  this  department  will  not  set  up  its  judgment 
in  opposition  to  theirs,  as  to  the  correctness  of  the  taxation. 

It  is  not  the  business  of  this  department  to  assess  the  property  of  districts, 
nor  to  make  out  tax  lists.  The  law  imposes  that  duty  on  trustees,  and  to  a 
certain  extent  they  act  judicially  in  the  discharge  of  that  duty.  The  supreme 
court  has  refused  to  interfere  to  correct  assessments  even  where  it  was  proved 
that  property  had  been  erroneously  omitted  ;  and  this  department  certainly 
does  not  possess  greater  power  in  such  cases  than  the  supreme  court. 

The  department  will  not  set  up  its  judgment  in  opposition  to  that  of  the 
trustees,  as  to  the  correctness  of  the  taxation.  Per  V.  M.  Rice,  Superintendent, 
August  18,  1862. 

Distinction  between  increasing  the  valuation  of  real  property  and  increasing  the  amount 
of  personal  property  considered. 

On  an  appeal  from  the  proceedings  of  the  trustees  in  making  out  a  tax  list 
and  warrant  under  the  authority  of  a  vote  of  the  district,  it  appears  that  the 
trustees,  in  making  out  the  tax  list  complained  of,  increased  the  amount  of 
personal  property  vety  considerably,  while  the  valuation  of  the  real  property 
was  copied  substantially  from  the  town  roll. 

The  trustees  are  directed  to  ascertain  the  valuation  of  taxable  property,  as 
far  as  possible,  from  the  assessment  rolls  ;  the  discretion  concerning  valuation 
is,  therefore,  not  given  them  where  the  same  is  determined  by  tlie  assessors. 
But  the  persons  who  are  taxable,  and  the  amount  of  taxable  property  possessed 
by  them,  the  trustees  are  to  determine. 

If,  on  the  assessment  roll,  they  find  a  man  taxed  for  one  hundred  acres  of 
land,  valued  at  fifty  dollars  per  acre,  they  cannot  change  that  valuation,  though 
they  may  know  that  it  is  richly  w(jrth  one  hundred  dollars  per  acre.  But,  if 
they  find  him  assessed  for  one  hundred  acres  of  land,  when  they  know  that  he 
has  taxable,  witliin  the  district,  two  hundred  acres,  they  may  assess  him  for 
the  full  amount  of  his  property.  But  tliis  latter  condition  is  not  likely  to  occur, 
except  where  property  has  changed  hands,  or  been  increased  by  accession  in 
the  way  of  new  buildings  or  other  conspicuous  improvements. 

In  the  assessment  of  personal  property,  however,  different  conditions  arise. 
If  a  man  is  found  assessed  for  five  thousand  dollars,  when  it  is  known  that  he 
holds  bonds  and  mortgages  to  the  amount  of  ten  thousand  dollars,  the  error  is 
not  in  the  valuation,  but  in  the  amount  assessed. 

The  true  rule  is  that  trustees  have  power  to  correct  an  error  in  the  amount 
of  property  assessed,  but  not  an  error  in  the  valuation. 

The  appeal  must,  therefore,  be  dismissed.  Per  H.  II.  Van  Dyck,  Superin- 
tendent, December  24,  1858. 

Parcels  of  land  bought  of  different  parties,  but  all  connected  with  the  original  farm  upon 
which  the  owner  resides,  are  taxable  as  one  farm  in  the  district  of  his  residence. 

This  is  an  appeal  of  W.  S.,  a  resident  and  tax  payer  in  district  No.  18,  from  a 
tax  assessed  by  the  trustee  of  district  No.  15,  upon  a  parcel  of  land  belonging 
to  the  appellant,  and  lying  in  district  No.  15. 

It  is  in  evidence  that  the  appellant  is  the  owner  of  said  parcel  of  land,  that 
he  improves,  occupies  or  cultivates  it  liimself,  and  that  it  is  attached  to  tlio 
premises  upon  which  he  resides,  by  an  unbroken  connection  of  lands  owntid 
and  occupied  by  him. 

This,  to  my  mind,  establishes  his  claim  to  regard  these  parcels  of  land, 
bouglit  at  (lifii-rent  times,  of  different  persons,  and  lying  witliin  the  lioundaries 
of  ditfurent  districts,  as  one  farm ;  the  taxation  of  which,  for  school  purposes, 


Taxes  and  Taxatioi^.  381 

is  carried  into  that  district  in  wliicli  the  owner  resides.  The  hardship  to  the 
district  thus  deprived  of  its  taxable  property  must  be  conceded  ;  but  this  is  a 
consideration  to  address  to  the  Legislatui-e.  Th(^  provisions  of  tlie  statute  are 
now  clear  and  imperative,  authorizing  the  taxation  in  the  district  as  above 
stated.  The  appeal  is  therefore  sustained,  and  the  trustee  of  Nf).  15  is  directed 
to  amend  his  tax  list  by  omitting  therefrom  the  tax  on  the  parcel  of  land  in 
question.     Per  E.  W.  Keyes,  Deputy  Superintendent,  June  11,  18G0. 

Where  trustees  make  an  original  apsessment,  they  mnst  give  the  legal  notice  of  twenty 
clays,  and  permit  the  party  Claiming  a  reduction  to  be  heard  at  a  time  and  place  to  be 
designated  by  the  trustees. 

The  New  York  Central  Railroad  company,  by  their  tax  agent  Franklin 
Hinchey,  bring  this  apjieal  from  the  action  of  the  trustee,  in  the  matter  of 
the  assessment  of  a  school  district  tax  on  the  property  of  said  company,  which 
assessment  it  is  claimed  was  illegally  made,  and  is,  besides,  excessive.  The 
assessment  complained  of  is  an  original  assessment  made  by  the  trustee,  it 
having  lieen  found  to  be  impossible  to  ascertain  the  valuation  of  said  com- 
pany's pro[)erty  from  the  last  assessment  roll  of  the  town,  and  it  was  com- 
pleted by  him,  according  to  his  own  statement,  on  the  24th  day  of  March,  18G6. 
it  being  an  original  assessment,  tlie  trustee  was  oljliged,  in  accordance  with  the 
provisions  of  section  68  of  .title  7,  of  the  General  School  Law,  to  proceed  "  in 
the  same  manner  as  town  assessors  are  required  by  law  to  proceed  in  the 
valuation  of 'taxable  property." 

lie  accordingly  posted  five  public  notices  in  conspicuous  places,  dated  j\Iarcli 
24th,  180(5,  giving  notice  of  the  completion  of  his  assessment,  and  of  the  fact 
that  said  list  would  for  the  space  of  twenty  days  be  open  to  the  inspection  of 
all  parties  interested,  at  the  hoitse  of  the  trustee,  and  also  giving  notice  that 
the.  said  trustee  would  be  per.sonally  present  on  the  7th  day  of  April,  1866,  at 
four  o'clock,  P.  M.,  for  the  purpose  of  reviewing  said  list.  It  will  be  observed 
that  the  twenty  days  would  not  expire  till  the  13th  day  of  April,  1866.  The 
law  does  not  authorize  assessors  to  assemble  for  the  purpose  of  reviewing  their 
assessments,  until  the  day  after  the  expiration  of  the  twenty  days'  notice  which 
they  are  required  to  give.  {Sec.  18,  title  2,  chap.  1.'!,  part  1,  B.  S.)  Now,  as 
trustees,  in  making  original  assessments,  are  required  to  observe  the  rules 
and  regulations  prescribed  for  the  governmeitt  of  assessors,  it  follows  that 
notice  given  by  the  aforesaid  trustee,  of  a  meeting  to  review  his  assessments 
before  the  expiration  of  the  twenty  days,  Avas  illegal,  because  unatithorized. 
Ills  notices  specified  no  other  time  nor  place  where  he  would  meetipersons  dis- 
satisfied with  his  assessments,  and  review  the  same,  than  that  above  mentioned. 
On  the  10th  day  of  April,  1866,  the  said  company  served  on  the  said  trustee  a 
notice  of  their  claim  to  a  reduction  of  $o,000  on  the  assessment  against  them 
as  made  by  him.  This  was  three  days  before  the  expiration  of  the  twenty 
days'  notice  to  which  said  company  was  entitled,  and  it  is  nowhere  made  to 
api)ear  that  the  said  trustee  gave  notice  to  said  company,  or  any  person  whom- 
soever, of  a  time  and  place  when  and  where  he  would,  aft(;r  the  expiration  of 
the  twenty  days'  notice  required  by  law,  meet  to  consider  their  claim  to  a 
reduction.  Witliout  meeting  the  agent  of  the  company,  and  without  giving 
to  the  company  legal  notice  of  a  time  and  jjlace  when  and  where  he  would 
hear  and  determine  their  claim,  the  said  trustee  went  onward,  completed  his  tax 
list,  issued  his  warrant,  and  placed  th(;m  in  the  hands  of  the  district  collector. 
This  was  wrong  and  unjust.  Tax  payers  have  certain  rights  which  assessors 
or  persons  acting  in  the  capacity  of  assessors  are  bound  to  respect.  These 
rights  cannot  be  lost  to  them  by  the  arbitrary  or  illegal  action  of  public 
ollicers.  The  company  in  tlu;  present  instance  had  a  right  to  a  notice  of  the 
time  and  place  when  and  where  their  claim  would  be  lieard  by  the  trustee, 
who  has  been  guilty  of  nonfeasance  sufficient  to  invalidate  the  tax  list  made 
out  by  him.  The  assessment  made  out  l)y  the  trustee  on  the  24th  day  of 
March,  18G6,  and  the  tax  list  and  warrant  based  thereon,  are  hereby  declared 
illegal  and  void.     Per  V.  M.  Rice,  June  6,  1866. 


382  Taxes  and  Taxation. 

In  makin"  ont  a  tax  li?t,  if  the  trustees  follow  the  town  roll,  it  will  not  be  held  invalid, 
althoiii^n  land  belonging  to  the  son  is  assessed  to  his  father. 

When  the  town  assessors  have  assessed  a  minister  of  the  gospel  for  his  property,  the  trus- 
tees, in  making  out  a  tax  list,  must  presume  that  the  $1,500  exemption  allowed  by  statute 
has  been  made. 

Appellant  complains  that  the  trustee,  in  making  out  a  tax  list,  pursuant  to 
the  vote  of  a  special  meeting  held  in  the  district,  April  22,  1867,  omitted  to  tax 
Lucius  Stillson  for  fifty  acres  of  land  owned  by  him,  and  situated  and  taxable 
in  said  district.  Also,  that  one  Junius  Voorhees,  who  voted  at  said  special 
meeting,  and  who  has  taxable  property  above  the  value  of  fifty  dollars,  is  not 
assessed  in  said  tax  list.  Also,  that  appellant  is  a  regularly  ordained  minister 
of  the  gospel,  and  that  he  claimed  an  exemption  of  $1,500  on  that  account, 
which  respondent  refused  to  allow.  Respondent  shows  that  said  Lucius  Still- 
son  is  a  young  unmarried  man  living  with  his  father,  and  that  said  fifty  acres 
of  land  is  assessed  to  the  father  on  said  tax  list,  the  same  as  on  the  town  roll. 
This  being  -the  case,  the  appellant  is  not  aggrieved,  the  land  is  taxed,  which  is 
the  important  thing,  and  the  appellant  has  no  grounds  of  complaint,  even 
admitting  that  the  land  was  assessed  to  the  wrong  person.  In  regard  to  Voor- 
hees, the  respondent  shows  that  he  is  not  assessed  on  the  town  roll,  and  that 
ho  has  no  knowledge  of  any  taxable  property  in  his  (Voorhees')  possession.  In 
making  out  tax  lists,  trustees  are  not  bound  to  vary  from  the  town  roll  in 
regard  to  personal  property,  except  from  personal  knowledge  of  an  alter- 
ation since  the  town  roll  was  made,  or  to  correct  a  known  or  an  acknowledged 
error.  I  do  not  see,  therefore,  that  the  trustee  is  at  fault  in  the  matter  com- 
plained of. 

Concerning  the  assessment  of  appellant,  respondent  shows  that  he  followed 
the  town  roll,  and  assessed  him  $l,8o0  on  property  worth  at  least  $5,000. 
Appellant  does  not  show  that  the  town  assessors  did  not  reduce  his  valuation 
to  the  amount  of  $1,500,  on  account  of  his  being  a  minister  of  the  gospel, 
and,  not  having  proved  the  contrary,  the  presumption  is  that  the  assessors 
performed  their  duty  and  allowed  such  reduction,  if  he  was  entitled  to  it. 
The  appeal  has  failed  to  establish  any  real  grievance  on  the  part  of  appel- 
lant, and  it  must  be,  and  is  hereby,  dismissed.  Per  V.  M.  Rice,  August  17, 
18G7. 

When  the  hoard  of  education  or  trustees  make  an  original  assessment  of  personal  property, 
and  the  person  assessed  does  not  appear  to  answel-  such  questions  as  may  be  i)Ht  to  him 
in  relation  to  his  estate,  but  presents  by  his  attorney  an  insufUcient  and  unsatisfactory 
affidavit,  a  reduction  of  the  assessment  will  be  denied. 

On  or  about  January  2-1,  18G7,  the  board  of  education  made  out  a  tax  list 
for  the  collection  of  a  district  tax,  upon  which  the  appellant  was  assessed  for 
$50,000  yjersonal  property.  Upon  the  last  assessment  roll  of  said  town,  appel- 
lant is  not  assessed  for  personal  ])roperty.  Notice  was  given  to  apjiellant  of  the 
assessment  made  against  him  by  said  board  of  education,  and  at  the  apjiointed 
time  he  api)eared  before  said  board  by  attorney,  and  submitted  an  affidavit 
Betting  forth  that  he  had  no  personal  estate  whatever  over  his  indebtedness, 
"excepting  certain  government  l)onds.  not  taxable."  He  thereupon  claimed  a 
reduction  to  the  full  amount  of  the  assessment  against  him.  The  board 
declined  to  reduce  said  assessment,  whereupon  this  appeal  is  brought  ;  the 
appellant  claiming  that  said  board  have  exceeded  their  jurisdiction,  in  making 
an  original  assessment,  when  he  is  not  assessed  for  personal  estate  on  tlie  town 
roll,  and  that,  even  if  they  were  not  bound  by  the  town  roll,  they  were  bound 
to  reduce  his  assessment  upon  the  statements  contained  in  the  affidavit  sub- 
mitted by  him  and  heretofore  mentioned. 

In  regard  to  the  first  jioint,  as  to  wliethcr  the  board  of  •education  exceeded 
their  jurisdiction  in  making  an  origiual  assessment,  the  law  says  :  "  The  valua- 
tion of  taxable  ])roi)erty  shall  be  ascertained,  so  far  as  possible,  from  the  last 
assessment  rf)ll  of  the  town,  after  revision  by  the  assessors."  When  the  valua- 
tion of  taxable  property  cannot  be  ascertained  from  the  last  assessment  roll  of 


Taxes  and  Taxation.  383 

the  town,  the  trustees  shall  ascertain  the  true  value  of  the  property  to  be  taxed 
from  the  best  evidence  in  their  power,  givinjr  notice  to  the  persons  interested, 
and  proccedin<r  in  the  same  manner  as  the  town  assessors  are  required  by  law 
to  proceed  in  the  valuation  of  taxable  property.  (Sees.  G7  and  G8,  title  7,  chap. 
555,  Laius  of  18G4.) 

From  tlie  above  it  is  evident  that,  when  a  board  of  trustees  acquire  juris- 
diction, they  have  the  same  powers  that  are  possessed  by  a  board  of  town 
assessors. 

The  rule  in  reg^ard  to  variations  from  the  town  assessment  roll  in  the  matter 
of  the  valuation  of  personal  estate  is  more  stringent  than  that  in  regard  to 
the  valuations  of  real  estate.  Notwithstanding  this  fact,  the  rule  is  broad 
enough  to  give  the  board  of  education  jurisdiction  in  this  case.  Trustees 
cannot  assess  an  individual  for  i)ersonal  property  if  he  has  been  taxed  for 
none  on  the  last  assessment  roll  of  the  town,  on  the  nu;re  supposition  tliat  ho 
may  have  more  than  his  delits  amount  to.  The  assessment  roll  of  the  town 
settles  that  matter,  and  the  trustees  cannot  vary  the  amount  but  from  some 
knowledge  of  an  alteration  after  that  roll  was  made  out,  or  to  correct  some 
known  and  acknowledged  error.  [John  A.  Dix,  Common  School  Decisions, 
U2.] 

It  is  claimed  by  the  board  that  they  had  knowledge  of  an  increase  in  the 
appellant's  personal  estate,  after  the  last  town  assessment  roll  was  made  out, 
though  the  appellant  characterizes  their  statements  as  vague  and  indefinite, 
and  denies  their  truth. 

It  is  an  undisputed  fact  that,  at  the  time  the  board  of  education  made  out 
their  tax  list  as  aforesaid,  they  were  convinced  that  the  taxable  personal  estate 
of  the  appellant  amounted  to  $50,000.  This  being  the  case,  it  was  their  duty 
to  make  an  original  assessment  so  as  to  include  sueh  property,  because,  if 
such  property  had  been  acquired  since  the  town  roll  was  made  out,  they  would 
be  varying  the  amount  i'rom  knowledge  of  an  alteration  after  such  roll  was 
completed,  while,  if  the  appellant  possessed  the  same  property  at  the  time  the 
town  roll  was  made  out,  and  the  assessors  failed  to  include  it  in  their  roll, 
such  failure  was  an  error  sufficient  to  justify  the  board  in  making  a  new 
assessment  under  the  last  clause  of  the  rule  above  quoted. 

It  is  a  case  in  which  the  true  value  of  the  property  in  question  could  not  bo 
ascertained  from  the  town  assessment  roll,  and  where,  therefore,  it  became  tho 
duty  of  the  board  to  proceed  in  the  same  manner  that  town  assessors  are  by 
law  requinid  to  proceed  in  ascertaining  the  value  of  taxable  property.  This 
they  did,  and  the  appellant,  through  his  attorney,  submitted  an  affidavit 
claiming  reduction.  The  statements  cimtained  in  said  atfidavit  have  already 
been  set  forth.  They  were  unsatisfactory,  and  as  the  appellant  was  not 
present,  and  as  his  attorney  was  not  authorized  to  make  additional  statements, 
nor  to  answer  such  questions  as  would  have  been  pertinent,  and  Avhich  tho 
board  had  power  to  ask,  the  claim  for  reduction  was  properly  denied.  I  say 
the  appellant's  affidavit  is  unsatisfactory,  because  he  makes  himself  the  judgo 
of  certain  (juestions  which  it  was  the  i)rovince  of  the  board  to  decide,  lie 
does  not  state  what  his  property  is,  but  says :  "  I  have  no  personal  property 
subject  to  taxation  under  the  laws  of  the  State  of  New  York.  I  have  no 
persi>nal  estate  whatever,  over  and  above  the  amount  of  my  indebtedness, 
exce])t  certain  bonds  of  the  United  States,  etc."  Thus,  for  all  tiuit  is  shown  in 
the  atlidavit,  he  may  have  deducted  his  entire  indebtedness  from  his  taxable 
personal  estate,  leaving  only  the  non-taxable  over  and  above  such  indebted- 
ness. That  would  be  a  species  of  sharp  practice  which  assessors  ought  not  to 
allow.  I  see  no  good  reason  for  interfering  with  the  action  of  the  board  of 
education  in  this  matter,  and  the  appeal  is,  therefore,  hereby  dismissed.  Per 
V.  M.  Rice,  July  8,  1867. 


384  Taxes  and  Taxation. 

Where  town  assessment  roll  i?  corrected  by  the  assessors,  or  adopted  by  them  without  cor- 
rection, it  is  henceforth  the  assesisment  roll  of  the  town  for  all  district  taxes.  Board  of 
supervisors  having  equalized  taxation,  addition  or  subtraction  of  a  percentage  does  not 
chanfre  proportionate  valuation  between  inhabitants  of  same  town;  but,  in  joint  districts, 
supervisors  are  to  determine  the  relative  proportion  of  taxes  to  be  assessed  upon  real 
property  of  parts  lying  in  each  town. 

When  the  town  assessment  roll  is  corrected  by  tlie  assessors,  or  finally- 
adopted  by  them  after  notice  of  its  completion  without  correction,  it  becomes 
the  assessment  roll  of  the  town  for  the  purpose  of  all  district  taxes  thereafter. 
The  equalization  by  the  board  of  supervisors  being  made,  the  addition  or  sub- 
traction of  a  percentage  does  not  change  the  proportionate  valuation  as  between 
inhabitants  of  the  same  town,  and  is,  therefore,  to  be  disregarded.  In  joint 
districts,  however,  the  statute  [section  G9,  title  7,  chapter  555  of  1854],  provides 
for  equalization  by  the  board  of  superintendents  (supervisors)  of  the  several 
towns  of  which  the  district  is  composed.  They  are  to  determine  "  the  relative 
proportion  of  taxes  which  ought  to  be  assessed  upon  the  real  property  of  the 
parts  "  lying  in  each  town.  Tlie  proper  course  is  to  find,  in  the  first  place,  the 
aggregate  valuation  of  the  part  lying  in  Sherburne  from  that  town  roll,  of 
that  lying  in  Hamilton  from  the  Hamilton  roll,  that  in  Lebanon  from  the 
Lebanon  roll. 

Suppose  the  aggregate  valuations  of  the  parts  to  be — Sherburne,  $25,000, 
Lebanon,  $30,000,  and  Hamilton,  $45,000.  You  are  to  inquire  if  these  are 
substantially  just,  as  compared  with  each  other.  If  it  appears  unjust,  then 
add  and  subtract  until  you  obtain  the  fair  proportion,  according  to  your  judg- 
ment, of  tlie  value  of  the  property.  Suppose  that  you  arrive  at  the  determi- 
nation that  the  Sherburne  part  ought  to  be  valued  at  $35,000,  Lebanon  at 
$26,000,  and  Hamilton  at  $39,000 — making  the  same  aggregate,  you  will 
observe.  Then  you  reduce  your  determination  to  Avriting,  stating  therein 
that,  in  all  taxes  for  school  purposes  thereafter  to  be  raised  in  the  joint  dis- 
trict, thirty-five  cents  of  every  dollar  thereof  ought  to  be  assessed  upon  the 
real  property  of  the  part  of  such  district  Ij'ing  in  the  town  of  Sherljurne, 
according  to  the  valuation  of  such  property  in  the  corrected  assessment  roll 
of  Sherburne  which  shall  last  precede  the  making  out  of  such  tax,  twenty- 
six  cents  of  every  dollar  in  Lebanon,  and  thirty-nine  cents,  etc.,  etc.,  in  Hamil- 
ton. 

The  trustees,  in  making  out  future  taxes,  will  have  to  use  all  these  rolls, 
and  it  is  desirable,  though  not  itnperative,  tliat  you  should  facilitate  their  labor 
by  giving  them  the  proportions  in  decimals  of  a  dollar.  Per  E.  Pesliine  Smith, 
Deputy  Superintendent,  March  23,  1855.  {Letters,  vol.  2,  p.  280.) 

Where  it  is  claimed  that  land  lying  in  one  district  is  taxable  in  another  adjoining,  by  virtue 
of  its  being  part  of  a  parcel,  upon  which  the  owner  lives,  iu  such  adjoining  district,  that 
fact  must  be  clearly  proved. 

The  primary  condition  of  real  property,  rendering  it  liable  to  taxation  in  a 
given  town,  ward  or  district,  is  that  the  property  sliall  lie  witliin  the  bounds 
of  such  town,  ward  or  district.  Every  instance  in  which  this  condition  is  ful- 
filled without  the  corresponding  liability  attaching  must  be  regarded  as 
exceptional,  and  these  exceptions  must  be  strictly  construed,  according  to  the 
spirit  of  the  exceptional  i)rovision.  It  is  claimed  for  the  land  in  question  that 
it  is  embraced  in  the  exceptional  provisions  of  the  statute,  exempting  it  from 
taxation  wliere  it  lies  by  virtue  of  its  being  taxable  in  another  district  which 
it  joins.  The  language  of  tlie  statute  is  as  follows :  "  The  trustee  shall  appor- 
tion the  tax  on  all  taxable  inhabitants  of  the  district,  *  *  *  according 
to  the  valuation  of  the  taxable  property,  wliich  shall  be  owned  or  possessed  by 
them  at  the  time  of  making  out  such  list,  witliin  such  district,  or  partly  within 
Biu'li  district  and  partly  within  an  adjoining  district." 

Here  is  the  only  provision  conferring  upon  the  trustees  of  a  district  authority 
to  assess  upon  their  tax  lists  lands  not  lying  within  the  bounds  of  their  district. 
This  power  must  be  exercised  strictly  according  to  the  letter  of  the  statute. 


Taxes  and  Taxation.  385 

Tlie  natural  lecjal  presumption  is  that  the  trustees  have  not  exceeded  their 
legitimate  authority,  and  that  the  property  lying  within  the  limits  of  a  given 
district  is  taxable  in  that  district. 

This  ijresumption  can  only  be  overcome  by  the  production  of  affirmative 
and  conclusive  proof  to  the  contrary.  It  has  over  been  the  policy  of  this 
department,  in  cases  of  doubt  concerning  the  liability  of  laud  to  taxation  for 
school  purposes  in  cither  of  two  districts  respectively,  to  give  the  benefits  of 
the  doubt  to  the  district  in  whicli  the  land  should  lie.  This  appears  to  me  to 
be  sound  policy,  couformiug  to  the  evident  spirit  and  intention  of  the  statute, 
and  controlled  by  the  spirit  of  etputy,  by  which,  when  not  in  direct  contraven- 
tion of  law,  this  department  will  be  guided.  The  conditions  contemplated 
by  the  statute  must  be  aflii-matively  proved  before  the  presumptions  above 
referred  to  will  be  overcome.  Per  PI  W.  Keyes,  Acting  Superintendent,  May 
lb,  1801. 

The  farm  of  a  iion-re?ident  occupied  by  a  tenant,  with  an  agreement  on  the  part  of  the  latter 
to  pay  the  taxes,  may  be  asse^^sed  to"  such  tenant,  or  to  tlie  owner,  in  the  discretion  of  the 
trustees. 

Trustees  may  modify  or  correct  the  tax  list  any  time  before  delivery  to  the  collector. 

Ey  section  1,  chapter  ITG,  Laws  of  1851,  "Lands  occupied  by  a  person  other 
than  the  owner  may  be  assessed  to  the  owner  or  occupant,  or  as  non-resident 
land." 

It  was  evidently  the  intention  of  the  Legislature  by  this  statute  to  give  to 
assessors  and  to  trustees  a  discretionary  power  to  assess  lands  not  occupied  by 
the  owner,  that  the  tax  might  be  more  easily  or  certainly  collected.  Accorcl- 
ingly,  the  trustees  must  exercise  their  discretion  as  to  whom  such  lands  shall 
be  assessed. 

The  signing  of  a  tax  list  is  merely  a  ministerial  act,  and  is  not  a  final  and 
conclusive  act  of  judgment.  The  vrarrant  has  no  operative  force  until  it  is 
delivered  to  the  collector,  and  the  trustees  may,  therefore-,  at  any  time  after 
signing  but  before  delivering  it  to  the  collector,  alter  or  modify  it,  without 
rendering  it  void.    Per  V.  M.  Rice,  Superintendent,  April  9,  18G3. 

When  a  person  ceases  to  be  an  inhabitant  of  a  district  after  a  district  tax  is  voted  and  before 
the  expiration  of  the  time  allowed  trustees  Lu  which  to  make  out  their  tax  list,  he  should 
be  omitted  from  such  tax  libt. 

On  the  9th  day  of  February,  1837,  the  appellant  made  a  contract  for  the  sale 
of  his  farm  in  the  district,  stipulating  therein  to  execute  a  deed  and  transfer 
possession  on  the  first  day  of  April  following.  On  the  first  day  of  April  the 
contract  was  executed  on  both  sides. 

On  the  14th  day  of  March,  18o7,  after  the  equitable  title  to  the  farm  of  the 
appellant  had  been  alienated  by  him,  but  before  the  freehold  had  legally  passed, 
a  district  meeting  voted  a  tax  to  build  a  school-house.  The  tax  list  was  made 
out  on  the  30th  day  of  March,  and  the  appellant  was  included  therein  as  the 
owner  of  the  farm.  lie  was  notified  of  the  fact,  and  on  the  next  day  removed 
from  the  district  and  became  the  resident  of  another. 

It  is  obviously  just  that  the  tax  for  a  permanent  improvement  in  a  district 
eliould  be  borne  by  those  who  arc  to  receive  the  benefit  of  it,  and  those  who 
in  good  faith  cease  to  be  inhabitants  before  the  expenditure  for  such  improve- 
ments is  made  should  be  exempted  from  contribution  whenever  the  letter  of 
the  statute  will  permit. 

Trustees  are  directed  by  the  law  to  make  out  their  tax  list  within  thirty  days 
after  the  meeting  at  which  the  tax  is  voted,  and  it  is  made  their  duty  to  deliver 
the  same  to  the  collector  after  the  expiration  of  thirty  days,  ^\^lere  a  person 
has,  during  that  time,  ceased  to  be  an  inhabitant  of  the  district  in  pursuance  of 
an  arrangement  previously  made,  he  ought  to  be  exempted,  and  the  person 
who,  under  such  circumstances,  became  the  owner  of  the  jiroperty.  should  bear 
the  burden  of  an  expenditure  by  which  its  value  is  permanently  increased. 
Per  E.  P.  Smith,  Deputy  Superintendent,  June  17,  1857. 

49 


386  Taxes  and  Taxation. 

A  person  set  off  from  one  district  to  another,  by  an  order  that  does  not  take  effect  until  three 
months  after  its  issue,  will  be  liable  on  any  taxes  levied  in  the  district  from  which  he  is 
Bet  off,  prior  to  the  taking  effect  of  such  orcler. 

In  March,  1857,  an  orcler  was  made,  by  the  school  commissioner  having  juris- 
diction, transferring'  the  laiids  of  the  appellant  and  others,  from  district  ISIo.  1 
to  district  No.  2.  The  trustees  of  No.  1  having  withheld  their  consent,  this 
order  will  not  take  effect  till  the  expiration  of  three  months  from  the  first  day 
of  April,  1857,  when  notice  thereof  was  served.  While  the  alteration  was 
inchoate,  the  district  meeting  was  held,  against  the  proceedings  of  which  this 
appeal  is  directed,  and  a  tax  to  defray  the  expenses  of  changing  site  and  build- 
ing a  new  school-house  was  voted.  The  appellant -objects  that  the  effect  will 
be  to  charge  him  with  the  payment  of  a  tax  for  constructing  a  school-house 
from  which  he  is  to  receive  no  benefit. 

Ildd,  that  this  was  a  proper  consideration  for  the  judgment  o,.  the  inhabit- 
ants of  district  No.  1,  in  determining  whether  they  would  build  at  once  or  post- 
pone till  after  the  alteration  should  liave  taken  effect.  The  appellant  continues 
an  inhabitant  of  the  district  for  all  purposes  until  the  first  day  of  July.  If  the 
appellant  is  set  off  from  the  district  without  his  consent,  he  will  be  exempted 
from  paying  a  tax  for  building  in  No.  2,  for  four  years.  If  he  has  given  his 
consent,  he  is  responsible  for  all  the  consequences,  and  cannot  be  permitted  to 
trammel  the  action  of  either  district  for  the  purpose  of  avoiding  any  personal 
charge  or  inconvenience.     Per  H.  H.  Van  Dyck,  Superintendent,  June  2,  1857. 

Assessment  of  a  bond  and  mortgage  as  personal  property  is  good,  but  at  the  same  time 
assessing  the  owner  thereof  for  the  farm  upon  which  he  holds  the  mortgage,  and  upon 
which  he  resides  only  temporarily,  discountenanced. 

This  is  an  appeal  of  J.  P.  from  an  assessment  against  him  on  a  tax  list  made 
out  by  the  sole  trustee.  The  facts  itpon  which  the  appellant  relies  are  as  fol- 
lows :  On  or  about  the  first  of  October,  1859,  he  agreed  to  sell  to  one  D.  B. 
the  farm  then  owned  and  occupied  by  said  appellant.  The  agreement  contem- 
plated that  the  purchase-money  ($12,000)  should  be  paid  on  the  first  of  April 
following,  at  which  time  possession  of  the  said  premises  was  to  be  given.  A 
regular  deed  of  conveyance  was  executed  by  the  owner  to  the  purchaser,  and  a 
regular  bond  and  mortgage  conditioned  for  the  payment  of  the  purchase- 
money  was  given  on  the  other  hand.  These  conveyances  were  all  duly 
recorded.  The  position  that  the  appellant  maintains  is  that  this  deed  was  not 
a  sale  or  conveyance,  but  a  convenient  sitbstitute  for  a  contract  of  sale,  and 
that  the  mortgage  not  being  given  for  an  actual,  but  merely  for  a  contingent 
indebtedness,  is  not  personal  property  liable  for  taxation. 

I  fail  to  apprehend  this  matter  in  the  light  in  which  the  appellant  presents 
it.  The  proi)ri(;ty  of  going  back  of  the  records  to  inquire  into  their  meaning, 
is,  upon  an  application  of  this  kind,  extremely  doubtful,  to  say  the  least.  But 
if  we  were  to  do  this,  we  find  that  there  has  been,  in  good  faith,  duly  executed, 
a  deed  of  conveyance.  Both  parties  so  regard  it.  Clearly,  to  my  mind,  D.  B. 
is  in  law  and  in  fact  the  owner  of  the  farm  herein  spoken  of  By  the  purchase 
of  the  said  farm,  he  became  indebted  to  the  appellant  in  the  sum  of  $12,000, 
for  which  In;  executed  the  mortgage;  Ix'fore  named.  This  can  be  regarded  as 
no  other  than  personal  property,  as  defined  in  part  1,  chapter  13,  title  1,  section 
3,  Revised  Statutes,  4th  edition,  and  as  such  liable  for  taxation  for  school  pur- 
poses under  section  85,  chapter  480,  Laws  of  1847.  I  do  not  see  how,  under 
the  statute,  the  trustee  could  exercise  any  discretion.  His  duty  was  plain  and 
unavoidable. 

Concerning  the  taxation  of  the  farm,  the  trustee  could,  itnder  section  1, 
chapter  170,  Laws  of  1851,  assess  it  to  the  owner  or  occupant,  or  as  non-resident 
lands.  He  exercised  the  discretion  thus  conferred  and  assessed  it  to  the  appel- 
lant as  "  occupant."  I  should  be  disposed  to  give  considerable  weight  to  the 
presumption  of  the  just  exercise  of  this  discretion,  if  it  were  true,  as  alleged, 
that  the  appellant,  as  tenant,  can  recover  the  amount  thus  paid  from  the  own(.'r. 
By  reference  to  the  statute,  section  88,  chapter  480,  Laws  of  1847,  it  will  be 


Taxes  akd  Taxation.  387 

seen  that  tlic  purposes  for  which  this  tax  wns  levied  will  bar  any  recovery 
from  the  owner  by  the  tenant.  The  appellant  is  theretore  without  any  remedy 
under  the  statute.  Under  this  aspect  of  the  case,  I  cannot  but  think  it  just 
and  right  to  have  assessed  the  farm  to  D.  B.,  the  owner. 

The  general  conclusion  at  which  I  arrive  is,  therefore,  that  the  assessment 
of  the  bond  and  mortgage  to  the  appellant  as  personal  property  is  right  and 
legal,  but  that  the  farm  occupied  by  him  should  be  assessed  to  the  owner,  D. 
B. ;  and  the  trustee  is  authorized  and  directed  to  amend  his  tax  list  by  assess- 
ing the  tax  on  said  farm  as  above  indicated.  Per  H.  H.  Van  Dyck,  Superin- 
tendent, April  23,  18G0. 


A  stockholder  in  a  national  banking  association  is  liable  to  be  taxed  for  personal  property 
ill  the  district  where  the  bank  is  located,  on  the  amount  of  stock  owned  by  him  in  such 
bank. 

In  the  matter  submitted  by  the  trustees  of  district  No.  1,  Kingsbury,  Wash- 
ington county,  and  A.  F.  Hitchcock,  a  non-resident  of  said  district,  the  following 
facts  appear : 

The  First  National  Bank  of  Sandy  Hill  is  located,  and  does  business  within 
said  district  No.  1.  A.  F.  Hitchcock  is  a  stockholder  in  said  bank,  but  does 
not  reside  in  said  district. 

The  trustees  have  assessed  the  said  A.  F.  Hitchcock,  upon  a  tax  list  made 
out  by  them  in  said  district,  for  the  amoimt  of  stock  owned  by  him  in  said 
bank,  and  have  taxed  him  thereon. 

The  question  presented  is  whether  such  assessment  is  lawfully  made,  and 
hence  whether  the  tax  levied  thereon  can  be  lawfully  collected. 

The  capital  of  these  national  banks  is,  by  law  of  Congress,  required  to  bo 
invested  in  bonds  or  securities  of  the  United  States,  and  the  stocks,  bonds,  or 
other  securities  of  the  United  States  are,  by  another  act  of  Congress  (the 
constitutionality  of  which  has  been  affirmed  by  the  supreme  court  of  the 
United  States)  exempted  from  taxation  by  any  State.  Hence,  it  follows  that 
the  First  National  Bank  of  Sandy  Hill  is  not,  as  a  corporation,  liable  to 
taxation  on  its  capital  invested  in  United  States  securities. 

Tiie  act  of  Congress,  passed  June  3,  18G4,  authorizing  the  fonnation  of 
national  banking  associations,  provides,  however,  "  That  nothing  in  this  act 
shall  be  construed  to  prevent  all  the  shares  in  any  of  the  said  associations, 
held  by  any  person  or  body  corporate,  from  being  included  in  the  valuat>on  of 
the  personal  property  of  such  person  or  corporation  in  the  assessment  v.f  taxes 
imposed  by  or  under  State  authority,  at  the  place  where  such  bank  is  located, 
and  not  elsewhere." 

While,  therefore,  the  capital  of  the  banking  association  is,  by  the  act  of 
Congress,  exempt  from  State  or  local  taxation,  the  shares  of  stock  owned  by 
any  individual  or  corporation  in  such  association,  are  not  exempt,  but  are  left 
to  the  operation  of  the  State  laws  concerning  taxation,  under  certain  limita- 
tions, one  of  which  is  that  such  shares  shall  be  assessed  only  at  the  place 
where  the  bank  is  located. 

It  must  f(jllo\v  tliat  the  trustees  of  the  district  where  Mr.  Hitchcock  resides 
can  have  no  jiower  to  assess  him  for  the  shares  owned  by  him  in  a  bank 
located  in  another  district.  Discussion  as  to  the  policy  or  justice  of  tlieso 
provisions  is  fruitless ;  our  only  concern  is  with  the  law  as  it  stands,  and  in 
this  view  the  above  conclusion  appears  inevitable. 

We  have  only  to  inquire  farther  whether  there  is  authority  under  the  laws 
of  this  State  for  the  assessment  of  these  shares  of  Mr.  Hitchcock  by  the 
trustees  of  district  No.  1,  where  the  bank  is  located.  To  determine  this 
question,  reference  must  of  course  be  made  to  the  laws  of  this  State  relating 
to  taxation.  Tliose  pertinent  to  the  issue  are  the  following  :  "  All  lands  and 
all  personal  estate  within  this  State,  whether  owned  by  individuals  or  by 
corporations,  shall  be  liable  to  taxation,  subject  to  the  exemptions  hereinaftor 
BiJecified."  (1  R.  S.  [5lh  ed.,]  905,  ^<  1.) 


388  Taxes  and  Taxation. 

The  terms  "  personal  estate  "  and  ""personal  property,"  -wherever  they  occur 
in  this  chapter,  shall  be  construed  to  include  (among-  other  things  enumerated) 
stocks  iu  moneyed  corporations.     (1  R.  S.  [oth  eel.'],  907,  §  4.) 

"  The  owner  or  holder  of  stock  in  any  incorporated  company,  liable  to 
taxation  on  its  capital,  shall  not  be  taxed  as  an  individual  for  such  stock." 
(1  R.  S.  [7ith  ccL],  907.  §  14.) 

From  the  above  citations  we  cannot  fail  to  draw  the  following  conclusions- 

1.  Tliat  all  personal  property  not  exempted  is  liable  to  taxation  ; 

2.  That  shares  of  stock  in  a  banking  association,  incorporated  by  whatever 
authority,  are  "  personal  property  ; " 

3.  That  the  capital  of  a  national  bank,  being  exempt  from  taxation  (not  lia- 
ble thereto),  under  the  operation  of  the  higher  law  of  the  United  States,  the 
owner  or  holder  of  stock  in  such  banking  association  is  not  relieved  from  lia- 
bility to  taxation  on  such  stock  by  virtue  of  section  fourteen  above  cited. 

Ordinarily,  these  banking  associations  would  be  taxed  as  a  unit — a  corporate 
body — but  the  supreme  law  of  the  land,  the  act  of  Congress,  has  decreed  that 
they  shall  not  be  taxed  in  that  way.  It  has  not  overruled  the  law  of  the 
State,  which  says  they  shall  be  taxed,  but  has  directed  that  the  tax  shall 
be  assessed  upon  the  shares  of  the  individual  or  corporate  holders  thereof. 
The  trustees  thus  derive  their  authority  to  tax  or  assess  these  shares  from  two 
sources  of  power — State  and  national.  The  State  gives  the  power  to  assess  and 
prescribes  the  mode ;  the  national  goA'ernment  yields  assent  to  the  power  to 
assess,  but  overrules,  in  this  particular  instance,  the  mode,  substituting  its  own. 
The  result  is  precisely  the  same  under  the  operation  of  the  law  of  Congress 
that  it  would  be  under  the  operation  of  the  State  law. 

Believing,  therefore,  that  the  trustees  of  district  No.  1,  Kingsburj',  have 
acted  imder  the  authority  of  the  law  in  the  assessment  referred  to,  and  that,  to 
have  omitted  to  make  this  assessment  iu  the  way  it  was  made,  would  be  to 
have  exempted  the  stock  in  said  bank  from  any  taxation  whatever  for  school 
purposes,  I  can  do  no  less  than  approve  and  atfirm  their  action.  Per  E.  W, 
Keyes,  Deputy  Superintendent,  December  8,  1864. 

Where  the  inhabitants  at  a  district  meeting;  direct  the  trustees  to  do  an  act  which  they  are 
authorized  by  law  to  direct,  as  the  removal  of  a  school-house,  the  trustees  may  levy  a  tax 
to  defray  the  expense,  without  a  vote  of  the  district. 

The  inhabitants  of  district  No.  17,  town  of  Wilna,  voted  a  new  site  for  the 
school-house,  and  directed  tlie  trustees  to  move  the  house  by  a  "  bee." 

The  trustees  made  a  "  bee,"  but,  there  not  being  much  of  a  "  turn  out "  on 
the  ])art  of  the  inhabitants,  they  were  only  able  to  get  the  scliool-house  into 
the  higliway.  Foreseeing  the  difficulty  attending  the  removal  by  such  means, 
and  not  receiving  the  requisite  aid,  the  trustees  moved  the  school-house  to  the 
site  selected  at  an  expense  of  twenty-five  dollars. 

A  special  meeting  was  called  on  the  4th  December,  1847,  without  stating 
the  object  of  it  in  the  notices,  at  which  a  tax  was  voted  to  meet  the  expenses 
of  the  trustees.     Only  four  legal  voters  were  present  at  the  meeting. 

The  vote  directing  the  trustees  to  move  the  house  by  a  "  bee  "  was  void,  as 
they  could  liavc  no  authority  over  voluntary  aid,  and  could  not  depend  upon 
it  as  a  means  of  moving  the  school-house. 

When  the  inhabitants  of  a  district  direct  the  trustees  to  perform  a  work 
where  expenses  are  to  be  incurred,  the  trustees  arc  authorized  to  raise  the 
amount  thereof,  by  tax,  without  a  vote  of  the  district.  In  this  case  the  trustees 
•would  necessarily  incur  an  ex]iense  in  moving  the  school-house,  which  is 
chargeable  to  the  district  and  can  be  collected  by  tax  the  same  as  if  it  were 
voted.  (School  Laics,  No.  134.)  And  althougli  the  vote  of  December  4,  1847,  to 
raise  the  tax  was  illegal  on  account  of  the  want  of  proper  notice,  the  levying 
of  the  tax  was  legal  on  the  ground  that  the  trustees  possessed  the  requisite 
power  without  a  vote  of  the  district  to  raise  the  tax.  {Scctio7i  51,  title  7, 
chapter  55i5,  Laics  of  1864.) 

Th(!  appeal  is  dismissed.  Per  A.  O.  Johnson,  Deputy  Superintendent, 
August  3,  1848. 


Taxes  axd  Taxatiox.  389 

In  case  of  vacancy  two  or  even  one  trustee  may  do  any  official  act. 

The  expense  of  investigating  a  title  is  a  part  of  the  expense  of  a  site,  and  may  be  legally 
included  in  a  tux. 

When  a  vacancy  exists  in  the  ofSce  of  trustee,  the  remaining  trustees  are 
expressly  authorized  by  law  to  call  a  meeting  of  the  inhabitants  to  fill  such 
vacancy,  and  the  inhabitants  when  legally  assembled  at  any  annual  or  special 
meeting  have  power  to  raise  a  tax  for  the  various  purposes  recognized  by  law. 
There  is  no  doubt  that  two,  or  even  one  trustee,  may  legally  do  any  official  act 
during  the  actual  existence  of  a  vacancy  in  the  office  of  their  or  his  colleagues. 

It  has  been  held  that  the  expense  of  recording  a  deed  may  be  included  in  a 
tax  for  purchasing  a  site,  inasmuch  as  it  is  necessary  to  perfect  the  title.  On 
the  same  principle,  the  expense  of  investigating  the  title  is  a  necessary  part 
of  the  expense  of  procuring  a  site.     Per  Young,  April  25,  1842. 

A  tax  may  be  voted,  levied  and  collected  in  a  school  district  to  purchase  a  site  and  school- 
house,  but  the  money  cannot  be  applied  until  a  valid  title  is  obtained. 

The  appellants  in  this  case  seek  to  set  aside  the  proceedings  of  a  special 
meeting  held  in  district  No.  9,  on  the  29th  of  November  last,  at  which  resolu- 
tions were  adopted  for  the  purchase  of  a  new  site  and  house,  upon  the  ground 
that  a  valid  legal  title  cannot  be  obtained  to  such  site  and  house.  They  allege 
that  the  house  was  built  by  private  subscription,  and  is  now  owned  by  various 
persons  in  and  out  of  the  district,  some  of  whom  will  not  consent  to  transfer 
their  right  to  the  district.  This  allegation,  vague  and  general  as  it  is,  is 
explicitly  met  and  denied  by  the  trustees,  who  assert  that  they  can  procure  a 
good  title.  This  question  of  title,  however,  is  one  which  carmot  come  up  at 
this  stage  of  the  proceedings.  The  tax  voted  may  legally  be  le\ied  and  col- 
lected, but  cannot  be  applied  until  a  valid  legal  title  is  obtained. 

From  the  proofs  before  him,  the  Superintendent  entertains  no  doubt  of  the 
sufficiency  of  the  title,  and  so  much  of  the  appeal  as  relates  to  this  portion  of 
the  proceedings  of  the  meeting  is  therefore  dismissed.  Per  Morgan,  Januaiy 
18,  1851. 

When  a  tax  list  has  been  made  ont,  but  not  delivered  to  the  collector,  it  is  no  objection  to 
the  trustees  ealliui,'  another  meetins;  of  the  inhabitants  to  reconsider  the  proceedings  of 
the  meeting  at  which  the  tax  was  voted,  if  requested  by  a  respectable  number  of  tha 
inhabitants. 

In  this  case,  the  appellants  seek  to  set  aside  the  proceedings  of  a  special 
meeting,  held  on  the  20th  of  February  last,  at  which  a  previous  vote  of  the 
district  relative  to  the  length  of  time  during  which  a  school  should  be  taught 
was  reconsidered,  and  a  less  period  adopted.  Under  the  preceding  vote,  the 
tax  list  had  been  made  out  by  the  trustees,  but  the  warrant  had  not  heen 
delivered  to  the  collector.  The  Superintendent  is  of  opinion  that  under  such 
circumstances  it  was  legally  competent  to  the  inhabitants  to  reconsider  the 
previous  vote.    Per  Morgan,  April  23,  1850. 

In  making  out  a  tax  list,  all  the  trustees  must  be  consulted  and  act  together. 

Two  of  the  trustees  of  district  No.  1,  Hornby,  Steuben  county,  made  out  a  tax 
list  without  notifying  or  consulting  with  the  third.  The  other  trustee  and 
Mr.  Chalion  Headley  appealed,  and  asked  that  the  said  tax  list  be  set  aside, 
without  pointing  out  any  error  or  alleging  any  special  grievance. 

It  is  a  clear  and  undoubted  principle  that  the  public  have  the  right  to  tho 
counsel  and  service  of  all  the  members  of  a  board  of  trustees,  and  of  every 
other  tribunal,  in  all  their  doings  wliich  involve  the  exercise  of  discretion  and 
judgment.  The  making  out  of  a  tax  list  is  of  this  character.  The  trustees 
have  to  determine  who  are  taxable  inhabitants,  and  for  what  amount  they 
shall  be  respectively  assessed.  It  is  true  that,  \ipon  examination,  they  may 
ascertain  that  the  taxable  inhabitants  of  their  district  are  the  same  persons 
and  no  other  than  those  envunerated  in  the  last  completed  town  assessment 
roU,  and  that  their  property  respectively  remains,  without  any  variation,  as  it 


390  Taxes  and  Taxation. 

did  at  the  time  sucli  roll  was  completed.  That  determination  having:  been 
reached,  the  duty  of  copyin<T  so  much  of  the  assessment  roll  as  relates  to  the 
inhabitants  and  property  of  their  district  is  a  purely  clerical  one,  which  may 
as  well  be  discharged  by  one  trustee  as  by  three.  It  is,  however,  always  a 
preliminary  question,  whether  such  be  the  fact,  and  the  public  have  an  interest 
that  each  of  the  trustees  should  be  heard  upon  this  question.  A  trustee  who  is 
absent  might  know  and  be  able  to  show  his  colleagues  that  a  particular 
inhabitant  had  received  a  large  accession  to  his  personal  property,  and  thus 
reduce  the  contribution  of  every  other  tax  payer. 

The  appeal  is  therefore  sustained  and  the  proceedings  of  the  trustees  declared 
irregular.     Per  E.  P.  Smith,  Deputy  Superintendent,  November  8,  1855. 

The  trustees  of  a  f:chool  district  have  no  power  to  correct  a  tax  list  after  a  portion  of  the 
tax  has  heeii  collected,  without  permission  from  the  Department  of  Public  Instruction. 

The  town  superintendent  of  Crown  Point  having,  February  19,  1847,  regu- 
larly formed  a  new  district  in  said  town,  served  a  notice  ni)on  Aaron  T.  Town- 
send,  a  taxable  inhabitant  of  said  district,  together  with  a  copy  of  the  order 
forming  the  district,  requiring  him  to  notify  each  taxable  inhabitant  of  a  dis- 
trict meeting  to  be  held  on  tlie  first  of  March  following.  Accordingly,  notice 
was  given  to  the  inhabitants  by  notifying  them  of  the  time  and  place  of  holding 
the  meeting. 

A  meeting  was  held  on  the  1st  of  March,  and  adjourned  to  the  15th,  at  which 
a  tax  was  voted  to  build  a  school-house.  The  tax  list  was  made  out  by  the 
trustees  within  thirty  days,  as  required  by  law,  and  was  put  into  the  hands 
of  the  collector  on  the  22d  of  January,  1848.  On  the  5th  of  February,  the 
trustees  corrected  the  tax  list  without  the  approval  of  this  department,  having 
discovered  errors  in  it,  and,  attaching  the  corrected  list  to  the  old  warrant, 
delivered  it  to  the  collector.  This  was  an  irregularity  on  the  part  of  the  trus- 
tees after  a  portion  of  the  tax  had  been  collected.  The  original  tax  list  is  the 
one  which  is  in  force,  and  if  the  trtistees  have  discovered  an  error  in  it  they 
may,  after  refunding  any  amoitnt  that  may  have  been  collected  on  such  tax 
list,  if  the  same  shall  be  required,  amend  and  correct  such  tax  list  in  conformity 
to  law,  and  redeliver  it  to  the  collector  with  the  old  warrant  attached.  Per 
Morgan,  June,  1848. 

A  tax  list,  made  out  by  one  of  the  trustees  and  signed  by  two  of  them,  without  notice  to,  or 
consultation  with,  the  third  trustee,  will  be  set  aside. 

On  an  appeal  from  the  proceedings  of  two  of  the  trustees  in  making  out  a 
tax  list,  it  appears  that  the  said  tax  list  was  made  oitt  by  one  of  them  and  issued 
with  the  signature  of  but  two  attached,  the  third  not  having  been  consulted 
concerning  it. 

The  statute  expressly  requires  tho  trustees  to  meet  and  act  together  in  deter- 
mining the  assessment ;  and,  in  the  instructions  from  this  department  in  tho 
circular  containing  the  amendment  to  the  school  law,  passed  April  12,  1858, 
this  point  was  especially  dwelt  upon,  and  the  liability  of  trustees  was  distinctly 
Bet  forth. 

I  liave,  therefore,  no  alternative  but  to  declare  the  tax  list  invalid,  and  to 
order  the  trustees  to  meet  together  for  the  purpose  of  making  out  a  new  one. 
Per  H.  H.  Van  Dyck,  Superintendent,  January  4,  1859. 

The  form  of  a  tax  list  is  deemed  important. 

Tlie  form  of  the  tax  list  is  of  more  importance  than  is  generally  conceived, 
and  there  is  no  reason  why  that  prescribed  in  the  Code  of  Public  Instruction 
should  not  be  followed.  It  might  not  \-itiate  the  tax  list  that  its  form  was  not 
precisely  like  that  requinvl  by  law,  but  it  affords  a  substantial  ground  for 
directing  the  trustees  again  to  make  out  their  list.  Per  H.  II.  Van  Dyck, 
Superintendent,  March  25,  1858. 


Taxes  and  Taxation.  391 

The  anthority  for  levying  a  tax  must  not  be  indefinite.    Taxes  should  be  specifically  voted_ 

At  the  annual  meeting  the  trustees  presented  their  report  of  the  receipts  and 
disbursftments  of  money  for  the  past  year,  with  a  statement  of  the  expenses 
already  incurred,  which  they  had  no  means  to  meet,  and  of  necessary  expenses 
for  the  ensuing  year,  and  recommended  that  a  tax  be  levied  for  the  purpose  of 
paying  such  arrearages  and  sucli  expenses  as  -were  set  forth  in  the  statement. 
This  report  of  the  trustees  was  adopted,  and  the  appeal  relates  to  the  action  of 
the  meeting  in  adopting  said  report. 

I  concur  fully  with  the  appellants  in  the  opinion  that  the  adoption  of  the 
report  of  the  trustess  does  not  authorize  the  levy  of  a  tax  agreeable  to  the 
recommendations  therein  contained.  A  tax  must  be  specifically  voted  before  it 
can  be  lawfully  levied  or  collected.  The  adoption  of  the  report  by  the  meeting 
is  merely  to  be  regarded  as  an  approval  of  the  recommendations  of  the  trustees, 
without  authorizing  their  enforcement.  Per  E.  W.  Keyes,  Deputy  Superin- 
tendent, December  3,  1859. 

A  vote  to  raise  by  tax  a  certain  sum  to  build  a  school-house,  the  same  to  be  paid  at  dis- 
cretion in  labor  or  materials,  is  illegal  and  void. 

A  district  voted  to  raise  a  tax  of  .$150,  for  the  purpose  of  building  a  school- 
house,  with  the  pri\ilege  of  paying  said  tax  in  labor  and  material.  The 
trustees  made  out  a  tax  list  for  the  amount,  and  enforced  the  collection  of  it. 
Iltkl,  that  the  Code  prescribes  but  one  mode  of  proceeding  in  the  assess- 
ment and  collection  of  taxes,  and  e^^dently  recognizes  buj  one  material  as  a 
lawfal  tender  in  payment  thereof.  If,  therefore,  the  district  vote  to  raise  a  tax, 
and  prescribe  any  other  mode  of  collection,  or  any  other  material  as  lawful  in 
payment,  they  and  the  statute  are  in  conflict,  and  the  trustees,  if  they  proceed 
to  collect  tlie  tax  at  all,  must  do  so  in  the  mode  prescribed  by  law.  But  the 
interest  of  the  inhabitants  in  imposing  these  conditions  is  evidently  to  have 
the  tax  collected  in  that  manner  or  not  at  all.  It  may  be  safely  assumed  that 
the  inducement  with  many  to  vote  the  tax  was  the  accommodation  afforded 
by  the  conditions  annexed,  and  that  without  these  they  would  have  opposed 
the  tax.  The  department  must,  therefore,  regard  this  as  one  of  those  cases  of 
complicated  action,  in  which  the  dependence  of  several  provisions  is  so  intricate, 
that  invalidity  in  any  part  renders  the  whole  invalid.  Per  H.  H.  Van  Dyck, 
Superintendent,  September  14,  1857. 

A  tax  may  be  voted  to  pay  expenses  beyond  estimates  expended  by  trustees  in  building  an 
authorized  school-house. 

A  tax  was  voted  to  defray  the  excess  beyond  the  estimates  expended  by  the 
trustees  in  building  a  new  school-house,  from  which  vote  there  is  an  appeal. 

IMd,  that  a  majority  of  those  present  and  voting  was  sufficient  to  give  valid- 
ity to  the  resolution,  and  that  the  appeal  must  be  dismissed.  Per  V.  M.  Rice 
Superintendent,  January  11,  1856. 

A  district  has  no  power  to  exempt  any  inhabitant  from  taxation  in  consideration  of  a  gift 

by  him  of  a  site. 

A  taxable  inhabitant  was  intentionally  omitted  in  the  tax  list,  in  considera- 
tion of  his  having  given  half  an  acre  of  land  for  the  site  of  the  school-house. 
JIdd,  on  appeal,  tliat  the  trustees  are  required  by  law  to  assess  every  tax  upon 
all  the  taxable  inhabitants  of  the  district,  and  that  a  district  meeting  has  no 
power  to  relieve  them  from  this  obligation.  Per  V.  M.  Rice,  Superintendent, 
February  4,  1857. 

When  a  special  mcetinar  had  voted  a  lax  for  bnildin?  a  new  house,  and  had  adjourned  four 
■weeks  to  consider  proposals  for  building,  and  at  the  adjourned  mectinc;  voted  to  rescind 
the  vote  levying  the  tax,  tlie  vote  to  rescind  was  lepal  and  valid,  even  though  the  tax  list 
had  been  made  out,  and  a  part  of  tlie  tax  voluntarily  paid. 

At  a  special  meeting  duly  called  a  vote  was  taken  and  carried,  ayes  28,  noes 
24,  to  raise  §1,000  by  tax  on  the  district,  for  the  purpose  of  building  a  new 
school-house.    The  meeting  then  adjourned  for  four  weeks  for  the  purpose  of 


392  Taxes  axd  Taxation. 

receiving  propositions,  that  mif^lit  meantime  be  submitted  to  the  trustees, 
relative  to  site.  At  the  adjourned  meetinf?  a  motion  was  carried  to  reconsider 
the  vote  of  tlie  last  mcetiuft-,  after  which  the  meetin<T  adjourned  sine  die. 

In  the  mean  time  the  tax  list  for  the  $1 ,000  had  been  made  out,  and  a  part 
of  the  same  had  been  voluntarily  collected  before  the  adjourned  meetinfj  ;  but 
this  will  avail  nothincr,  as  the  trustees  could  not  issue  their  warrant  till  the 
expiration  of  thirty  days  after  the  tax  was  voted.  No  legal  collection  could 
therefore  have  been  made  before  that  time.  Voluntary  payments  may  have 
been  made  which  the  trustees  would  be  authorized  to  receive,  but  these  are 
not  such  collections  as  the  courts  contemplate  in  order  to  place  the  repeal  of,  a 
tax  levy  beyond  the  power  of  a  district  meeting. 

It  is  assumed  by  the  appellants  that,  the  special  meeting  being  adjourned  for 
a  specific  purpose,  no  other  business  could  be  transacted  than  that  specified  in 
the  notice  for  adjournment.  This  is  an  error.  The  meeting  was  competent  to 
transact  any  business  brought  before  it. 

From  the  evidence  before  me,  I  am  compelled  to  regard  the  proceedings  of 
the  adjourned  meeting  as  a  fair  expression  of  the  will  of  the  district  upon 
levying  the  tax,  and  it  is  unfavorable  to  such  action.  The  vote  at  the  adjourned 
meeting  is  much  larger  than  that  at  the  special  meeting ;  it  is  plain,  therefore, 
that  no  advantage  was  taken  of  the  absence  of  any  considerable  number  of 
the  voters  by  the  majority  in  their  vote  to  rescind  the  tax.  Under  these  cir- 
cumstances, therefore,  the  proceedings  of  the  adjourned  meeting  are  declared 
legal  and  are  hereby  affirmed.  Per  H.  H.  Van  Dyck,  Superintendent,  February 
18,  1858. 

Objection  to  a  tax  list  on  the  ground  that  property  is  omitted  therefrom  must  be  taken 

in  time. 

The  primary  objection  to  this  appeal  is  that  the  appellants  neglected  the 
natural  and  proper  remedy,  pro\'ided  by  law,  for  the  errors  herein  complained 
of.  It  is  alleged  that  certain  property  has  been  omitted  from  the  tax  list  that 
should  be  assessed.  The  trustees  made  an  original  assessment,  and  gave  the 
notices  recjuired  by  law.  These  appellants  did  not  appear  to  compare  their 
assessment  with  others,  but  suffered  the  warrant  to  go  into  the  hands  of  the 
collector  before  making  any  objection.  I  think  they  are  precluded,  by  their 
own  neglect,  from  any  relief  at  the  hands  of  this  department.  Per  H.  II.  Van 
Dyck,  Superintendent,  March  21,  1860. 

Where  a  tax  is  voted  to  build  a  school-house,  the  trustees  are  not  required,  unless  by  a 
direct  vote  of  the  district,  to  deduct  from  that  sum  the  proceeds  of  the  sale  of  the  old 
house. 

On  an  appeal  from  a  tax  list  made  out  by  the  trustees,  the  objection  raised 
is  that  the  sum  for  which  the  old  house  was  sold  was  not  deducted  from  the 
amount  of  tax  voted  to  build  a  new  house. 

"Whatever  may  have  been  the  law  upon  this  point  formerly,  there  is  now  no 
requirement  that  the  proceeds  of  the  sale  of  the  old  house  shall  be  applied  to 
the  reduction  of  the  tax  voted  for  a  new  house,  unless  the  inhabitants  IJy  their 
votes  so  direct. 

Appeal  dismissed.    Per  E.  W.  Kcyes,  Deputy  Superintendent,  May  5,  1863. 

Where  trustees  are  authorized  to  build  a  school-house  of  certain  dimensions,  and  they 
slightly  vary  from  tliese  dimensions  by  causing  the  house  to  be  built  larger,  paying  for 
the  excess  out  of  their  own  funds,  the  district  must  pay  such  sum  as  the  house  would 
have  cost  if  built  of  the  spccitied  size. 

The  trustees  were  instructed  to  build  a  house  24  feet  long  by  20  feet  wide. 
They  made  the  contract  accordingly;  but,  in  order  to  use  the  okl  foundation,  and 
thereby  save  the  cxjiensc  of  laying  new,  they  agreed  with  the  builder  to 
construct  the  house  of  the  same  size  as  the  old  one,  viz.,  26  by  22  feet,  and  the 
diiference  in  price  they  agreed  to  pay  out  of  tlieir  own  pockets.  The  contract 
for  building  of  tho  size  authorized  by  the  district  was  |280.     The  trustees  also 


Teacher.  393 

incurred  an  expense  of  four  dollars  for  rcmovinjr  the  rubbish  aroiind  the 
buildinj;.  Some  persons  refused  to  pay  their  portion  of  the  tax  of  $384  levied 
by  tlie  trustees  to  pay  for  the  house,  and,  at  a  district  meeting  calU^d  to  ratify 
the  action  of  the  trustees,  the  meetin<j  refused  to  ratify.  From  this  refusal  the 
tri'.stees  appeal. 

Udd,  that  the  trustees  substantially  complied  with  the  resolution  of  the 
district,  and  that  the  tax  of  $284,  for  buildinj?  the  house  of  the  original  size, 
and  removing  the  rubbish,  was  properly  and  legally  levied,  and  may  be  col- 
lected.    Per  V.  M.  liice,  Superintendent,  September  12,  185G. 


TEACHER. 


Where  a  teacher  is  improperly  dismissed,  he  is  entitled  to  full  wages  for  the  period  named 

in  the  contract. 

A.  B.  Brayley  had  been  employed  to  teach  school  in  district  No.  1,  in  the 
town  of  Carroll,  for  foiir  months,  at  thirteen  dollars  per  month.  After  he  had 
taught  two  and  a  half  months,  some  of  the  inhabitants  withdrew  their  children. 
For  various  causes,  others  followed  their  example,  until  the  school  dwindled 
down  to  two  or  three  scholars,  when  the  trustees  ordered  him  to  quit,  about 
threes  weeks  before  the  ex})iration  of  his  term,  upon  the  understanding  that  he 
should  complete  it  if  called  upon. 

A  special  meeting,  subsequently  held,  passed  a  vote  to  pay  the  teacher  for 
the  time  actually  employed,  and  no  longer.  The  trustees  refused  to  pay  him 
for  the  full  time,  and  he  appealed.  He  had  performed,  or  been  at  all  times 
ready  to  perform,  the  contract  on  his  part ;  he  was  duly  qualified  ;  his 
school  had  been  visited  by  the  town  and  county  authorities,  and  approved  by 
them.  The  vote  of  the  district  could  not  affect  the  rights  of  the  parties.  The 
trustees  were  bound  to  fallill  the  contract.     Per  Young,  March  19,  1842. 


Trustees  cannot  dismiss  a  teacher  on  the  ground  that  some  of  the  inhabitants  are  dissatis 
fled  with  him,  while  they  themselves  are  not  dissatisfied. 

James  M.  Grooty  was  employed  to  teach  school  in  district  No.  2,  New  Balti- 
more, for  five  months,  at  eleven  dollars  a  month,  on  condition  that,  if  the 
trustees  should  find  any  fault  with  him  at  the  end  of  a  month,  they  were  to 
notify  him,  ]iay  him  for  the  month's  services  and  dismiss  him.  He  taught 
school  from  the  l)th  of  November  to  the  21st  day  of  January,  when  the  trustees 
dismissed  him,  on  the  ground  of  dissatisfaction  on  the  ])art  of  some  of  the 
inhabitants,  at  the  same  time  publicly  stating  that  they  had  no  cause  of  com- 
plaint. 

One  month  wag  ample  time  to  discover  faults  of  character,  discipline,  gov- 
ernment and  modes  of  teaching,  and,  if  the  trustees  did  not,  within  tiiat  time, 
give  Mr.  Grooty  notice,  they  could  not  subsequently  dismiss  him  and  release 
themselves  from  their  contract.  A  mere  allegation  that  the  inhabitants  were 
dissatisfied  would  be  insufficient  cause  of  dismissal  at  any  time.  They  should 
be  al)le  to  sliow  who  are  dissatisfied,  and  for  what  cause. 

The  teacher  did  not  undertake,  expressly  or  by  imiilication,  to  satisfy  every 
person  in  the  district,  and  it  would  have  been  absurd  to  require  or  expect.it. 
The  trustees  were  ordered  to  reinstate  Mr.  Grooty  in  his  school,  and,  at  the  end 
of  five  months  from  November  19,  to  pay  him  his  wages  at  eleven  dollars  per 
month,  without  any  deduction  for  the  time  between  his  dismissal  and  his  rein- 
statement.   Per  Spencer,  March  6,  1841. 

60 


394  Teachek. 

Where  one  trustee  engages  a  teacher  to  teach  in  the  place  designated  by  a  district  meeting 

and  the  other  two  engage  a  teacher  to  teach  in  a  place  selected  by  themselves,  neither  is 

a  legal  school. 
One  trustee  cannot  legally  engage  a  teacher  for  the  district,  neither  can  two  trustees  legally 

engage  a  teacher  to  teach  in  a  place  designated  by  themselves  when  the  district  have 

selected  another  place. 

The  scliool-liouse  in  district  Xo.  7,  Guilford,  Clienanfjo  county,  was  destroyed 
by  fire  in  January,  1847.  In  February  following,  the  inhabitants,  in  district 
meeting,  voted  to  hire  a  temporary  place  tor  the  school.  Accordingly,  a  school 
■was  regularly  opened  on  the  12th  of  May,  1847,  in  the  place  so  designated. 
In  the  following  winter,  two  of  the  trustees  opened  a  school  in  another  place 
without  the  vote  of  the  district,  and  gave  an  order  upon  the  town  superintend- 
ent for  two-tliirds  of  the  teacher's  money  apportioned  to  the  district,  which 
was  paid. 

In  the  mean  time,  Mr.  Mills,  the  other  trustee,  opened  a  school  in  the  house 
which  had  been  designated  by  the  district  for  the  summer  school. 

Each  party  claims  a  right  to  the  ])ublic  money,  but  neither  is  entitled  to  it, 
as  neither  school  was  legally  established. 

In  all  cases  the  inhabitants  of  a  district  are  to  designate  the  place  where  the 
school  shall  be  kept,  and  trustees  alone  are  responsible  for  the  expenses 
incurred  in  support  of  a  school  opened  by  them  without  this  authority  from 
the  district. 

One  trustee  cannot  hire  a  teacher  or  open  a  school  without  the  concurrence 
of  at  least  one  other  trustee.  Nor  is  any  act  of  the  trustees  valid  without  all 
being  consulted,  and  Avithout  the  concurrence  of  a  majority. 

The  public  money  obtained  on  the  order  of  the  two  trustees  could  not  be 
applied  to  the  payment  of  their  teacher,  as  the  school  was  not  a  district  school. 

It  is  therefore  hereby  adjudged  and  decided  that  the  public  money  appor- 
tioned to  district  No.  7,  Guilford,  for  teacher's  wages,  cannot  be  applied  to  the 
payment  of  either  of  the  teachers  employed  in  the  schools  hereinbefore  men- 
tioned.    Per  Morgan,  July  14,  1848. 

Every  contract  made  with  teachers  in  onr  common  schools  necessarily  includes  the  con- 
dition that  the  agreement  cannot  be  binding  for  a  longer  period  than  teachers  may  hold 
certificafes  of  Qualification,  and  on  the  annulling  of  their  certificates  all  claim  for  future 
services  ceases.' 

The  appellant,  in  the  year  1845,  had  made  a  contract  with  the  trustees  of 
school  district  No.  10,  in  the  town  of  Champion,  to  teach  the  district  school  for 
a  limited  period,  and  at  a  stipulated  price  per  month  for  his  serAices  ;  and, 
before  the  expiration  of  the  term  limited  by  the  contract,  on  the  27th  day  of 
November,  1845,  for  causes  satisfactory  to  that  officer,  the  town  superintendent 
annidled  the  certificate  of  qualification,  which  act  was  aflSrmed  by  the  county 
superintendent. 

On  appeal  to  the  department,  it  was  deemed  advisable,  for  the  reasons  stated 
m  the  decision  then  given,  not  to  interfere  with  the  acts  of  tliese  officers,  by  a 
formal  reversal  of  their  decisions. 

The  appellant  claimed  of  the  trustees  of  the  district  his  wages,  vmder  his 
contract,  for  the  unexpired  term  after  the  annulment  of  his  certificate,  as  before 
mentioned  ;  and,  tlio.'^c  officers,  or  a  majority  of  them,  having  refused  payment,  he 
appealed  to  the  county  superintendent,  who  declined  interfering,  on  the  ground 
that  the  appellant  had  no  legal  claim  to  compensation  under  his  contract  from 
the  time  his  license  as  a  teacher  was  annulled,  and  from  this  determination 
the  appellant  has  again  appealed  to  this  department. 

Every  contract  made  by  trustees  with  a  teacher  in  our  common  schools 
necessarily  includes  the  condition  that  the  agreement  cannot  be  binding  u]ion 
tlieni  for  a  longer  jieriod  tlian  the  teacher  may  hold  a  certificate  of  qualifica- 
tion. I  do  not  mean  by  this  that  trustees  cannot  with  a  full  knowledge  of  all 
the  facts  in  regard  to  a  want  of  license  make  a  contract  witli  an  unlicensed 
teaclier  which  will  bind  them  personally,  but  I  do  hold  that  this  department 
cannot  in  the  exercise  of  its  rightful  powers  and  jurisdiction  be  called  upon  to 
enforce  a  performance  of  any  such  contract. 


Teacher.  395 

I  assume  that  -when  the  trustees  made  the  contract  ■with  the  appellant  for 
his  services  as  a  teacher,  both  parties  understood  that  the  ap])ellant  had  a 
proper  license,  and  that  the  contract  was  to  cease  whenever  he  became  legally 
disqualified  as  such  ;  but  if  he  be  able  to  establish  a  different  contract  by  com- 
petent ])roof,  then  he  must  resort  to  another  tribunal,  for  this  department  can- 
not afford  him  any  relief. 

The  decision  of  the  county  superintendent  is  affirmed  and  the  appeal 
dismissed.     Per  N.  S.  Benton,  July  113,  184G. 

A  teacher  employed  nnder  a  contract,  to  teach  bj'  the  month,  specified  as  t^vcnty-six  days, 
is  cutitlcd  ti)  dismiss  school  every  Saturday  afternoon,  or  each  allcniate  Saturday,  accord- 
ing to  tlic  custom  of  the  country,  and  the  trustees  have  no  ri^'ht  to  withhold  any  portion 
orthe  amount  due  him  for  so  doiny. 

A  contract  was  made  between  Mary  Dwight  and  Jacob  Harder,  one  of  the 
trustees  of  district  No.  1,  Windsor,  and  part  in  Conklin,  by  which  she  was  to 
teach  the  district  school  at  three  dollars  a  week  for  an  indefinite  time. 

The  trustees  dissenting,  on  the  twenty-second  day  of  November,  a  new  con- 
tract was  made  between  said  Mary  Dwight  and  Jacob  Harder,  ^^•ith  the  consent 
of  the  other  trustee,  Alanson  Alden,  by  which  she  was  to  teach  four  months, 
at  the  rate  of  twelve  dollars  per  month  of  twenty-six  davs. 

The  said  Mary  Dwight  tau.ght  from  Xovembe'r  23,  1847,  to  March  21,  1848, 
inclusive,  a  period  of  one  hundred  and  tweuty-oue  days,  deducting  Sundays. 
She  therefore  taught  four  months  of  twenty-six  days,  according  to  contract. 

But  it  is  alleged  by  Harder  that  the  said  Mary  agreed  to  teach  Saturdays  or 
lose  those  days.  The  said  ^lary  denies  this,  and  alleges  that  "  Sattirdays " 
were  not  mentioned  when  the  contract  Avas  made.  The  affidavit  of  Jared  N. 
Hoadley  confirms  the  allegations  of  said  Mary  Dwight.  Hoadley  swears  that 
Mary  Dwight  agreed  to  teach  twenty-six  days  for  twelve  dollars,  on  condition 
that  she  taught  four  months. 

Hoadley's  affida\it  proves  a  contract  by  the  month,  at  twelve  dollars.  Such 
a  contract  would  authorize  the  teacher  to  dismiss  her  school  every  holiday  and 
Saturday  afternoon,  or  every  alternate  Saturday,  according  to  the  custom  of  the 
district.  And  the  custom  of  dismissing  school  every  Saturday  afternoon  or 
every  alternate  Saturday  is  a  good  and  wholesome  one. 

The  amoimt  withheld  by  the  trustees  from  Mary  Dwight  is  $3.11.  It  is 
adjudged  and  decreed  that  said  Mary  is  entitled  to  receive  from  said  trustees 
said  sum  of  $3. 11,. in  addition  to  the  sum  of  §44.89  already  paid  to  her,  and  the 
trustees  are  hereby  ordered  to  pay  the  same  to  her  forthwith.  Per  ilorgan, 
June  7,  1848. 

A  teacher  can  only  be  employed  by  the  trustees.     Therefore  a  vote  taken  at  a  district 
meeting  to  dismiss  a  leaclicr  and  substitute  another  in  her  place  is  illegal  and  void. 

Samuel  T.  Peck  and  James  Smith,  two  of  the  trustees  of  district  No.  1, 
Livingston,  hired  Miss  Susannah  Smith  to  teach  their  winter  school,  to  com- 
mence November  30,  18-48.  IMr.  Lament,  the  other  trustee,  was  consulted, 
but  did  not  consent  to  the  contract. 

Miss  Smith  commenced  the  school  in  the  school-house  of  the  district,  at  the 
Btipulated  time. 

Mr.  Lament,  not  being  satisfied  with  the  agreement  of  the  other  trustees, 
hired  Miss  Horford  to  teach  a  school  in  another  room. 

At  a  special  meeting  held  in  the  district  January  20,  1849,  for  the  purpose 
of  voting  a  tax  to  repair  the  school-house,  and  for  other  purposes,  a  vote  was 
taken  and  carried  to  substitute  Miss  Horford  in  the  school-house,  as  teacher,  in 
place  of  Miss  Smith. 

From  this  proceeding  the  two  trustees  appeal. 

In  employing  teachers,  the  trustees  should  consult,  as  far  as  possible,  the 
wishes  of  the  inhabitants  of  the  district.  But  when  the  trustees  have  con- 
tracted with  a  teacher,  thereby  binding  themselves  and  the  district,  the 
inhabitants  cannot  free  themselves  from  the  obligations  thus  imposed  by 
the  oliicial  acts  of  the  trustees. 

Teachers  can  be  employed  only  by  trustees. 


396  Teacher. 

A  contract  made  bv  two  trustees,  tlie  third  being  consulted,  is  valid ;  but 
one  trustee  can  perform  no  official  act  witliout  tlie  concurrence  of  at  least 
another  and  a  consultation  with  both. 

In  this  case,  Miss  Smith  was  legally  employed  as  the  teacher  for  the  district, 
and  could  not  be  dismissed  except  by  the  trustees.  Therefore  the  proceedings 
of  the  district  meeting  on  the  20th  of  January,  to  dismiss  Miss  Smith  and 
substitute  Miss  liorford  as  teacher,  were  illegal  and  void,  and  Miss  Horford  is 
not  entitled  to  receive  any  of  the  public  money  or  to  continue  her  instruction 
iu  the  district  school-house.    Appeal  sustained.    Per  Morgan,  March  17,  1849. 

Where  one  trustee  employs  a  teacher  without  consuUinn;  with  his  associates,  and  his  action 
is  silently  acquiesced  in  until  the  expiration  of  the  term,  their  approval  of  the  contract 
will  be  implied,  and  they  should  sign  an  order  for  the  public  money  for  teachers'  wages 
when  applied  to. 

This  is  an  appeal  taken  by  a  teacher  from  the  action  of  two  of  the  trustees 
of  school  district  No.  8,  in  the  town  of  Oxford,  Chenango  county.  Said  trustees 
refuse  to  sign  an  order  upon  the  town  superintendent  of  Oxford  for  the  sum  of 
$20  to  compensate  the  appellant  for  her  ser\nces  as  teacher  of  the  school  in 
said  district,  upon  the  ground  that  the  appellant  was  employed  in  January, 
1854,  as  teacher  by  George  Stratton,  the  third  trustee,  upon  his  own  responsi- 
bility, the  respondents  not  having  been  informed  by  said  Stratton  of  the 
employment  of  the  appellant,  nor  of  the  conditions  either  of  time,  wages  or 
qualifications  ;  and  that  therefore  appellant  is  not  entitled  to  any  share  of  the 
public  money  for  the  school  taught  by  her  last  winter. 

It  appears  that  said  Harriet  Wel>b  was  employed  by  one  of  the  trustees  in 
his  official  capacity  to  teach  a  public  school  in  said  district  at  the  rate  of  two 
dollars  a  week,  and  that  she  was  so  employed  ten  weeks.  Neither  of  the  other 
trustees  appear  to  have  dissented.  They  cannot  be  presumed  to  have  been 
ignorant  of  the  fact,  and  must  be  considered  as  having  acquiesced.  This  is  the 
view  which  would  be  taken  in  any  court  of  judicature  having  jurisdiction  of 
the  case. 

The  appeal  is  therefore  sustained,  and  the  town  superintendent  of  the  town 
of  Oxford  is  hereby  ordered  to  pay  to  the  said  Harriet  Webb,  for  her  services 
as  teacher  in  said  district,  the  sum  of  $20  from  the  share  of  the  public 
money  belonging  to  said  district.     Per  V.  M.  llice,  October  23,  1854. 

Where  two  tnistees  employ  a  teacher,  without  consulting  the  third,  the  contract  is  binding 
only  upon  the  trustees  making  the  bargain,  unless  the  conduct  of  the  third  trustee  is  such 
that  his  acquiescence  may  fairly  be  inferred. 

This  is  an  appeal  of  a  trustee  of  school  district  No.  6,  in  the  town  of  Vernon, 
Oneida  county,  from  the  action  of  his  two  colleagues,  upon  the  ground  that  a 
teacher  has  been  employed  to  instruct  the  school  of  said  district,  commencing 
on  the  30th  day  of  October  last,  and  to  continue  through  the  winter,  in  and 
relating  to  which  engagement  the  appellant  was  not  consulted,  and  had  no 
knowledge.  The  respondents  acknowledge  the  fact  as  charged,  pleading  that 
they  had  no  suspicion  that  ho  would  object. 

The  basis  of  this  appeal  rests  u]ion  liroad  principles,  involved  in  the  general 
laws  of  trust  which  govern  all  fiduciary  transactions.  Contracts  entered  into 
l^y  all  the  trustees  of  a  school  district,  and  signed  by  two  of  them,  are  binding ; 
and  when  so  signed,  the  presence  of  the  third  is  ])resimied  until  the  contrary  la 
shown.  Two  trustees  can  contract  against  tlio  will  of  the  third,  if  he  was  duly 
notified  of  a  meeting  of  the  trustees,  or  was  consulted  and  refused  to  act. 
(0  Wendell,  17.) 

The  appellant  not  being  consulted  in  the  contract  with  the  teacher.  Miss 
Delia  A.  C.  Alford,  could  in  no  sense  be  responsible,  unless  when  he  discovered 
the  fact  lu!  should  have  acquiesced. 

Yet  no  fiduciary  transaction  can  exist  without  all  parties  to  it  are  cognizant. 
Tlu!  contract  in  question  is  binding  only  Avith  the  respondents,  but  is  void  bo 
far  as  the  trustees  officially  and  the  district  arc  concerned. 

The  appeal  is  therefore  sustained.    Per  V.  M.  Kice,  November  21, 185i. 


Teacher.  397 

A  consultation  of  two  trustees,  without  the  presence  and  advice  of  the  third,  can  result  in 
nothinir  which  can  be  regarded  as  the  action  of  the  board,  unless  the  third  has  been 
regularly  notified  and  fails  to  be  present. 

The  controversy,  in  this  case,  respects  the  validity  of  the  contracts  \vith  three 
different  teachers.  No  one  of  tlicm  has  been  enifajied  in  a  legal  manner,  for  in 
no  case  have  the  trustees  met  and  consulted  to<rether. 

A  consultation  of  two  trustees  nieetini''  by  themselves,  without  the  presence 
and  advice  of  the  third,  can  result  in  nothing  which  can  be  regarded  as  the 
action  of  the  board,  iinless  the  third  trustee  has  been  regularly  notified  of  a 
meeting,  and  continues  absent  after  his  colleagues  have  waited  a  reasonable 
time  for  his  attendance. 

Tiie  trustees  cannot  delegate  any  discretionary  power  to  a  third  person  to 
execute  the  decision  to  which  they  may  have  arrived,  still  less  can  any  one  of 
them  do  so,  although  they  may.  doubtless  employ  the  services  of  a  messenger 
to  convey  to  a  i)roposed  teacher  intelligence  of  a  positive  and  unconditional 
determination  ;  but  this,  for  the  sake  of  certainty,  and  to  preserve  the  e\ndence 
of  the  matter,  should  be  reduced  to  writing  and  authenticated  by  the  signatures 
of  a  majority. 

It  results  in  this  case  that,  without  reference  to  who  may  be  the  legal  trustees, 
none  of  them  have  contracted  with  any  teacher  in  a  manner  rendering  their 
acts  obligatory  upon  the  district.  Whether  they  have  rendered  themselves 
personally  responsible  to  the  proposed  teacher  is  a  different  question,  which  it 
is  not  necessary  now  to  consider. 

The  principles  herein  stated  will  guide  the  trustees  in  contracting  with  a 
teacher :  Any  two  of  them  may  fix  the  time  and  place  of  a  meeting  for  the 
purpose  of  acting  upon  this  subject,  giving  tlie  tliird  trustee  not  less  than 
forty-eight  hom-s'  notice  of  the  time  and  place  fixed  upon,  and  the  object  of  the 
meeting. 

They  should  examine  the  certificates  of  such  teachers  as  may  be  proposed, 
and  receive  from  them  written  propositions  specifying  the  period  for  which  they 
offer  to  teach,  the  amount  of  their  salary,  and  the  manner  in  which  they  are 
to  be  paid  ;  and  should  make  and  sign  a  written  memorandum — indorsed  upon 
the  written  proposition  which  may  be  accepted,  or  repeating  it  in  terms  which 
will  identify  it — of  their  action  in  the  premises,  filing  the  same  with  the 
district  clerk. 

This  appeal  is  sustained.    Per  V.  M.  Rice,  February  23,  1855. 

The  vote  of  a  district  meeting  to  hire  a  certain  teacher  has  no  legal  hindins^  force  upon  the 
trustees,  even  though  they  may  have  agreed  to  abide  such  result. 

A  district  meeting,  by  a  unanimous  vote,  selected  a  teacher,  and  the  trustees 
had  agreed  to  abide  by  such  a  decision ;  they,  however,  employed  another 
teacher,  and  certain  of  the  inhabitants  of  the  district  appeal  against  the  pro- 
ceedings of  the  trustees. 

lldd,  that  the  agreement  by  the  trustees  to  abide  by  the  decision  of  the  dis- 
trict was  of  no  legal  consequence,  as  the  selection  of  a  teacher  belongs  to  the 
trustees.  This  department  cannot  annul  a  legal  contract  \vith  a  teacher ;  it 
can  only  be  done  by  some  positive  ^^olation  of  duty  on  his  part.  Per  V.  M. 
Rice,  Superintendent,  December  9,  185G. 

The  consent  of  three  trustees,  separately  given  to  hire  a  teacher,  does  not  make  a  legal 

contract. 

This  is  an  appeal  of  J.  E.,  one  of  the  trustees,  from  the  act  of  his  associates 
in  hiring  a  teacher. 

Tiiero  is  but  one  question  formally  before  the  department,  and  that  is  the 
legality  of  hiring  the  teacher.  He  was  hired,  as  is  customary  in  school  dis- 
tricts, by  going  from  one  to  another  of  the  trustees,  and  getting  the  consent  of 
each  to  his  having  the  school.  This  is  not  a  legal  proceeding.  In  a  circular 
issued  by  the  Superintendent  May  31,  1858,  the  ibllowng  language  was  used- 


398  Teachee. 

"  No  official  act  will  be  regarded  by  this  department  as  valid,  -where  it  is  shown 
that  the  same  was  not  determined  upon  bj  a  majority  of  tlie  board,  at  a  meet- 
ing duly  called."  It  was  considered  that  mider  the  law  of  April  12,  1858,  if  a 
district  should  elect  three  trustees,  it  would  be  because  they  deemed  the  action 
of  three  men  indispensable  to  the  welfare  of  the  district.  The  assent  of  each 
separately  taken  is  not  a  compliance  with  the  law.  I  have  no  choice,  there- 
fore, but  to  say  that  no  legal  contract  was  made  with  the  teacher.  Per  E.  W. 
Keyes,  Deputy  Superintendent,  March  7  1860. 


Two  of  the  trustees  cannot  hire  a  teacher  without  consultation  with  the  third. 

This  is  an  appeal  from  the  proceedings  of  tAvo  of  the  trustees  in  hiring  a 
teacher. 

The  difficulty  that  gives  rise  to  this  appeal  proceeds  directly  from  the  vicious 
and  useless  practice  of  haying  three  trustees  to  do  the  business  that  one  could 
better  do  alone.  Where  there  are  tlirce  trustees  it  is  very  commonly  the  prac- 
tice for  two  of  them  to  agree  tipon  some  teacher  who  is  afterward  hired 
by  one  of  them.  jMeantime  one  of  the  trustees  becomes  dissatisfied  and 
unites  with  the  tliii'd  iu  hiring  some  other  teacher.  Of  course  a  conflict  of 
authority  arises,  the  neighboriiood  is  divided  and  the  prosperity  of  the  school 
is  impaired. 

The  evidence  in  this  case  shows  that  there  has  never  been  a  meeting  and 
consultation  of  the  three  trustees  in  relation  to  hiring  a  teacher  at  which  any 
agreement,  has  been  had.  It  appears,  liowever,  that  two  of  the  trustees  agreed 
to  hire  a  certain  teaclier,  but  as  the  assent  of  the  third  trustee  is  nowhere  estab- 
lished in  such  manner  as  to  make  the  transaction  legal,  I  must  hold  that  the 
contract  entered  into  cannot  be  enforced.  Per  V.  AI.  Ilice,  Superintendent, 
April  7,  1S62. 

Wliere  a  teacher  has,  in  good  faith,  fulfilled  a  contract  to  teach,  entered  into  with  one  trus- 
tee, the  otliera  not  dissenting,  the  contract  will  be  enforced  without  regard  to  irregularities 
in  its  inception. 

It  appears,  in  this  case,  that  the  business  of  hiring  a  teacher  devolved, 
by  common  consent,  if  not  by  express  direction,  iipou  one  of  the  trtistees.  He 
agreed  with  the  teacher  to  pay  her  two  dollars  per  week  if  the  number  of 
scholars  did  not  exceed  eighteen,  and  two  dollars  and  twenty-live  cents  per 
week  if  the  number  was  more  than  eighteen.  The  number  attending  was  con- 
siderably more  than  eighteen,  and  the  teacher  claims  the  advance  wages  as 
agreed  upon.  The  present  trustees  refuse  to  allow  her  more  than  two  dollars 
per  week. 

In  tlio  opinion  of  this  department,  there  is  nothing  to  justify  any  interference 
with  the  contract  tliat  would  not  equally  justii'y  setting  aside  the  whole  pro- 
ceedings. That  there  Avere  grave  irregularities  in  tlie  course  pursued  is  appar- 
ent, but  for  these,  and  the  conseqtienccs  and  misapprehensions  resulting 
therefrom,  the  trustees  arc  alone  responsible.  Tliey  cannot  plead  their  own 
neglect,  nor  tliat  of  their  predecessors,  as  a  sufficient  ground  for  not  fulfilling  o 
contract  duly  executed  l)y  the  party  with  whom  it  was  made.  The  proccedinga 
might  be  entirely  set  aside  if  their  legal  bearings  alone  were  to  be  considered, 
but  the  teaclier  would  still  have  a  valid  claim  against  the  district  for  services 
rendered,  the  amount  of  Avhich  would  have  to  be  determined  by  com]:ietent 
authority,  and  I  cannot  think  the  aw.nrd  would  be  less  than  that  already 
agreed  upon.  In  this  view  of  the  case,  I  cannot  find  sufficient  reason  for  dis- 
turbing the  contract  made  by  the  teacher  with  the  trustee  as  above  stated. 
She,  having  fulfilled  her  engagement  in  good  faith,  should  not  be  made  to 
Bufter  for  the  neglect  of  the  trustees  to  proceed  in  a  formal  and  legal  manner. 
The  trustees  are,  tliereforc,  directed  to  give  the  teacher  an  order  for  her  wages 
at  two  dollars  and  twenty-five  cents  per  Aveek,  the  amount  agreed  upon  in  tho 
contract.     Per  II.  IT.  Van  Dyck,  Superintendent,  February  IG,  1858. 


Teachee.  399 

Wliere  one  of  the  trustees  is  delegated  to  make  known  to  teacher?  the  conditions  of  enjrajje- 
ment  to  toach,  he  acts  as  aL'ent  for  the  whole  board,  and  the  board  is  bound  by  the  terms 
of  agreement  as  stated  by  him  and  accepted  by  the  teachers. 

Oa  an  appeal  from  the  action  of  the  trustees  in  discharffinsr  certain  teachers 
from  employment  before  the  close  of  their  enjiajrement,  the  (juestion  before 
the  department  is  v.hother  the  act  of  the  trnstec-s  in  discharfrino^  said  teachers 
was  or  was  not  in  violation  of  the  contract  entered  into  with  them. 

The  followinsf  facts  are  disclosed  by  the  testimony  submitted  : 

1.  On  the  19th  of  September,  1861,  the  trustees,  at  a  meetintr  duly  held,  all 
being  i>re3ent,  passed  a  series  of  resolutions,  to  the  effect  that  it  was  the  mind 
of  the  board  to  employ  as  teachers  in  the  different  departments  of  tlie  district 
school  the  appellants  in  this  case,  for  the  term  commencing  October  1,  then 
ensuing,  at  wages  named  in  the  resolutions,  and  subject  to  the  condition  of  a 
liability  to  be  discharged  if  they  shoidd  fail  to  hll  their  situations  respectively 
to  the  satisfaction  of  the  trustees. 

2.  G.,  one  of  the  trustees,  was  formally  or  informally  autliorized  to  contract 
with  the  appellants  under  the  authority  of  said  resolutions. 

3.  The  said  appellants  were  employed  by  the  trustee  above  named,  but 
without  any  intimation  on  his  part  that  any  such  condition  as  that  named  in 
the  resolution,  relating  to  the  tenure  of  their  term  of  service  being  dependent 
upon  giving  satisfaction  to  the  trustees,  was  a  part  of  the  contract.  Each 
of  the  teachers  on  her  part  consented  to  an  engagement  understood  to  be  for  a 
term  of  sis  months,  at  wages  specified,  and  subject  only  to  the  ordinary  con- 
ditions that  attach  to  any  such  contract. 

4.  The  appellants  entered  upon  their  term  of  engagement,  and  discharged 
their  duties  to  the  evident  and  expressed  satisfaction  of  the  trustees  until 
December  10.  On  that  day  the  trustees  adopted  resolittions  to  the  effect  that 
the  teachers  tlien  employed  had  failed  to  give  satisfaction,  and  that  the  school 
be  closed  and  the  teachers  discharged  on  tlie  Friday  following,  December  I'd. 

5.  Notice  was  given  to  the  appellants  respectively  of  tliese  resolutions,  and 
causes  of  their  discharge  diily  assigned,  and  they  were  directed  to  leave  the 
school ;  but,  by  the  advice  of  the  dissenting  trustee,  they  still  continue  in  pos- 
session, and  to  discharge  their  duties  as  heretofore. 

The  t^uestion  before  the  department,  as  previously  stated,  relates  to  the  just 
and  legal  claim  of  these  teachers  for  a  continuance  of  their  services  in  said 
school  itntil  tin;  expiration  of  six  months,  and  for  the  wages  agreed  to  be  paid 
to  them  for  such  term. 

In  regard  to  this  claim,  it  must  be  determined  by  the  principles  that  govern 
and  control  the  relations  of  principal  and  agent.  The  said  trustee  G.,  in  con- 
tracting with  these  teachers,  acted  as  agent  for  the  board  of  trustees.  In  con- 
sidering how  far  the  act  of  the  agent  is  binding  upon  the  principal  we  are  not 
to  look  so  much  to  the  actual  authority  conferred,  as  to  what  third  parties  may 
reasonably  have  supposed  the  agent  to  be  invested  with.  Xo  principle  of  law 
is  better  established  than  this,  it  having  been  repeatedly  affirmed  by  the 
highest  courts.  The  teachers  had  a  right  to  presume  that  the  terms  offered  to 
them  were  authorized  by  the  board  of  trustees.  They  assented  to  no  other 
terms  than  these,  hence  were  parties  to  no  other  contract.  They  cannot  be 
permitted  to  suffer  from  the  laches  of  the  board,  who  permitted  them  to  take 
their  situations  without  informing  them  of  the  terms  prescribed  by  the 
resolutions. 

A  contract  made  with  a  person  authorized  to  represent  the  tru-stees  is  bind- 
ing upon  them,  though  contrary  to  the  letter  of  their  instructions.  If  any 
damage  results  to  the  trustees  from  this  disregard  of  their  instructions,  the 
agent  is  responsible  to  them,  but  the  trustees  cannot  shield  themselves  from 
responsibility  to  the  teachers. 

The  conclusion  is,  therefore,  that  tlie  contract  with  the  appellant  for  a  term 
of  six  months  is  valid  and  binding  upon  the  trustees,  and  the  services  of  these 
teachers  cannot  be  discontinued  before  the  expiration  of  said  term. 

Appeal  sustained.  Per  E.  W.  Keyes,  Acting  Superintendent,  Januarv  2d, 
1862. 


400  Teachek. 

Where  two  tnistccs,  in  the  temporary  absence  of  the  third,  hired  a  teacher,  lidd,  that  the 
contract  was  not  valid  for  a  longer  time  than  the  majority  of  the  trustees  saw  fit  to 
continue  the  services  of  the  teaclier. 

This  is  the  appeal  of  H.  S.,  a  teacher,  from  the  action  of  the  trustees  in  dis- 
charging him  from  employment  as  teacher  before  the  expiration  of  his  alleged 
term  of  engagement. 

The  following  are  the  material  facts :  At  the  annual  district  meeting,  G.  B. 
was  elected  trustee  for  three  years. 

At  t-his  meeting  the  appellant  was  present  and  urged  P.,  one  of  the  trustees 
holding  over,  to  decide  upon  his  application  to  teach  the  school  for  the  ensuing 
winter  term.  B.,  the  trustee  elected  that  evening,  was  then  absent  from  the 
district  and  could  not  bo  consulted. 

Upon  tlie  suggestion,  however,  of  the  appellant,  the  two  trustees  holding 
over  conferred  in  regard  to  hiring  the  appellant  to  teach  the  winter  school. 
The  result  was  that  the  appellant  was  employed  by  them,  and  he  commenced 
his  term  of  service  on  the  2(1  of  November  following. 

On  the  15th  of  February,  at  a  meeting  of  the  trustees,  it  was  resolved  to  dis- 
continue the  services  of  the  said  H.  S.  from  that  time,  one  of  the  trustees 
dissenting. 

The  appellant  alleges  that  his  contract  was  for  a  term  of  100  days,  and  asks 
to  be  allowed  to  complete  the  full  term  of  his  engagement  or  to  receive  pay 
therefor  according  to  the  terms  of  his  contract. 

It  is  a  principle  well  established  that  two  trustees  cannot  act  without  con- 
suiting  with  the  third,  or  giving  him  notice  of  consultation  and  action.  Per 
E.  W.  Keyes,  Deputy  Superintendent,  April  2G,  1864. 

A  contract  made  with  a  teacher  by  two  of  the  trustees,  without  consultation  with  the  third, 
may  be  confirmed  subsequently  by  talcing  the  proper  legal  steps. 

Concerning  the  hiring  of  a  teaclier,  it  is  necessary  that  the  trustees  meet  to 
call  a  meeting  to  act  upon  the  contract.  They  may  pass  a  resolution  confirm- 
ing the  contract  already  made  by  two  of  the  trustees,  but  until  such  action 
has  been  had  the  contract  has  no  binding  validity.  Per  H.  II.  Van  Dyck, 
Superintendent,  January  9,  1861. 

Where  an  outgoing  trustee,  in  answer  to  an  application  of  a  teacher  for  the  winter  scliool, 
says  that  if  he  had  the  power  to  contract  he  would  hire  him,  it  is  not  a  contract,  even 
though  the  trustee  had  authority  to  hire. 

The  appellant  called  upon  the  trustee  for  the  purpose  of  securing  the  school 
for  the  ensuing  term.  The  trustee  was  favorable  to  hiring  him,  but  expressed 
a  doubt  as  to  his  having  the  right  to  contract  with  him  for  a  term  to  com- 
mence after  his  own  sliould  expire  ;  but  said  lie  would  contract  with  him,  if  he 
was  assured  that  he  had  the  legal  right  to  do  so.  The  teacher  regards  this  as 
a  contract,  and  claims  enforcement  of  it. 

The  department  has  ever  discountenanced  the  policy  of  tying  the  hands  of 
the  trustee  newly  elected  to  otfice,  thus  making  him,  or  his  administration, 
responsible  for  a  policy  initiated  by  his  predecessor.  Whatever  features  of 
legal  construction  leading  to  diiferent  conclusions  the  question  may  have,  the 
department  will  leave  to  the  courts  to  decide. 

But  that  question  aside,  or  even  determined  according  to  the  construction  of 
the  ai)i)ellant,  I  cannot  find  in  what  transpired  between  him  and  the  outgoing 
trustee  that  which  comprises  the  essential  element  of  a  contract.  There  is, 
therefore,  in  my  view,  no  occasion  for  the  interference  of  this  department.  Per 
E.  W.  Keyes,  Deputy  Superintendent,  December  1,  1859. 

Under  certain  circumstances,  the  action  of  one  of  two  trustees  in  hiring  a  teacher  will  ho 

sustained. 

Tills  is  an  appeal  from  the  action  of  one  of  the  trustees  in  hiring  a  teacher. 

There  are  but  two  legal  trustees  in  tlie  district,  and  they  are  unable  to 
agree  in  the  matter  of  liiring  a  teacher.  N.  G.,  one  of  the  trustees,  gave  notice 
to  Q.  K.,  the  other  trustee,  of  a  meeting  of  the  two  to  act  upon  the  question. 


Teacher.  401 

but  the  said  G.  K.  nepflected  to  attend.  Thereupon,  the  other  trustee  took  the 
responsibility  and  hired  a  teacher,  and,  from  his  action,  this  appeal  is  broufrht. 
The  hirinfj  of  this  teacher,  thon<rh  irresjular,  a]ipears  to  meet  the  approval 
of  a  ^roat  majority  of  the  patrons  of  the  school  ;  and,  this  beings  the  case,  and 
the  proceedinji:,  at  the  time,  being  demanded  as  the  only  practical  mode  of 
extricatiuff  the  district  from  its  embarrassment  and  liaving  a  school,  the 
same  is  lu-reby  api)rov'cd,  and  the  appeal  is  dismissed.  Per  H.  II.  Van  Dyck 
Superintendent,  February  14,  1801. 

Trustees  have  no  right  to  employ  teachers  related  to  them  within  two  degrees,  except  by 
consent  of  two-thirds  of  the  legal  voters  of  the  district. 

By  a  reference  to  section  9,  chapter  G47,  Laws  of  1865,  you  will  see  that  a 
trustee  has  no  right  to  employ  his  son-in-law  to  teach  the  district  school,  except 
he  has  consent  of  two-thirds  of  the  legal  voters  present  at  any  annual  or  special 
meeting  voting  on  the  subject.  A  son-in-law  is  by  marriage  related  in  the  first 
degree.  Per  S.  D.  Barr,  Deputy  Superintendent,  October  2G,  18G5.  {Letters,  vol. 
4,  p.  400.) 

The  approval  of  hiring  certain  relations  for  teachers  must  be  had  by  a  two-thirds  vote  at  a 

district  meeting. 

Under  the  statute  of  18G4,  the  approval  of  a  majority  of  the  inhabitants 
(voters)  of  a  school  district,  in  my  judgment,  corrects  the  disability  of  relation- 
ship in  the  hiring  of  a  teacher,  and  it  cannot  affect  the  question  that  such 
approval  is  given  at  any  time  subsequent  to  such  hiring. 

The  law  has  been  amended  now,  so  that  in  future  such  approval  must  be 
had  by  a  two-thirds  vote,  at  a  district  meeting.  Per  V.  M.  Kice,  Superin- 
tendent, May  8,  18G5.  {Letters,  vol.  4,  p.  G7.) 

Tnistces  of  union  free  schools  may  hire  teachers  related  to  them  within  two  degrees. 

It  has  been  held  by  the  Superintendent  that  the  provision  of  the  general 
Bchool  law  prohibiting  trustees  from  employing  teachers  who  are  related  to 
them  within  two  degrees,  Avithout  first  obtaining  the  consent  of  two-thirds  of 
the  inhabitants,  does  not  apjdy  to  union  free  schools,  or  to  schools  under 
special  act  of  the  Legislature.  The  general  rule  governing  such  cases  is,  that 
when  the  special  or  union  free  school  act  is  silent  upon  a  given  question,  then 
the  provisions  of  the  general  act  will  apply,  unless  they  are  incompatible  with 
the  provisions  of  the  special  or  free  school  acts.  The  restriction  contained 
in  the  general  act  in  regard  to  the  hiring  of  teachers,  if  it  applied  to  all  union 
free  school  districts  and  to  districts  under  special  acts,  would  frequently  cause 
these  districts  much  trouble,  for  these  reasons : 

1.  The  board  of  education  consists  usually  of  not  less  than  nine  members, 
and  therefore  under  such  a  restriction  a  much  larger  class  of  teachers  would 
be  excluded  than  in  ordinary  districts  ; 

2.  These  disti'icts  are  usually  much  lai'ger  and  more  populous  than  ordinary 
school  districts,  many  of  them  having  a  population  of  over  ten  thousand 
inhabitants,  and  it  would  be  therefore  a  great  hardshiii,  if  not  impossibility,  to 
call  a  special  meeting  of  the  inhabitants  to  legalize  the  hiring  of  one  of  the 
relatives  of  a  trustee,  as  provided  in  the  general  act. 

For  these  reasons,  as  well  as  others  that  might  be  mentioned,  I  uniformly 
liold  that  the  provisions  of  the  general  school  act  before  referred  to  do  not 
apply  to  such  districts  as  are  organized  under  special  act,  or  as  union  free 
schools.     Per  V  M.  Kice,  Superintendent,  July  11,  18G6.  {Letters,  vol.  5,  p.  50G.) 

Uncles  and  cousins  of  any  person  arc  not  related  to  him  in  the  second  degree. 

Neither  uncles  nor  cousins  of  any  person  are  related  to  him  in  the  second 
degree,  according  to  the  ci^nsanguinity  tables  in  use  in  this  State.  Within  the 
second  degree  are  included  fathers  and  mothers,  sons  and  daughters,  brothers 
and  sisters,  both  by  blood  and  marriage.  Per  V.  M.  Rice,  Superintendent, 
January  11,  1866.  {Letters,  vol.  5,  p.  54.) 

61 


402  Teach  EK. 

Trustees  caunot  offset  against  the  wajjcs  of  a  teacher  a  note  of  his  which  they  or  either  of 
them  have  purchased. 

The  appellant  alleges  that  the  trustees  offer,  in  part  discharg-e  of  the  wage3 
due  him  as  teacher  in  the  district,  two  notes  given  by  liim  to  other  parties,  and 
purchased  by  them. 

•  cTlie  only  question  is  :  Are  these  notes  a  valid  and  legal  tender  to  the  teacher 
in  liquidation  of  his  claim '!  I  must  answer,  they  are  not.  The  district  owes 
the  teacher  a  certain  sum.  That  sum  he  is  entitled  to  collect ;  and  it  cannot 
be  offset  by  any  claims,  however  valid  and  just,  of  third  parties.  The  trustees 
hold  those  notes  only  in  their  individual  capacity  ;  they  owe  the  teacher  only 
as  agents  of  the  district,  and  they  cannot  offset  their  private  claims  against 
the  debts  owing  by  them  in  their  fiduciary  capacity.  Were  the  teacher  to  sue 
the  trustees  for  the  balance  of  his  wages,  no  court  would  allow  these  notes  as 
an  offset  for  any  part  of  his  claim.  Per  H.  II.  Van  Dyck,  Superintendent, 
June  6,  1860. 

If  a  teacher  engages  to  teach  by  the  month,  the  legal  holidays  will  be  allowed  him.    Three 
months  from  December  5,  ISf'A,  extend  to  and  include  March  4, 1S65. 

From  December  5,  18G4,  for  the  next  three  months,  there  are  only  three 
legal  holidays,  Christmas,  New  Year's  and  Washington's  birthday,  and  such 
school  holidays  as  custom  or  express  agreement  has  sanctioned  in  tlie  district, 
together  with  any  thanksgiving  or  fast  days  occurring  within  the  term  and 
appointed  by  the  President  or  Governor. 

If  the  teacher  keeps  the  scliool  open  on  a  holiday,  ho  is  not  entitled  to  havo 
such  day's  service  counted  in  lieu  of  another  day  not  a  holiday,  except  by 
agreement  with  the  trustees. 

The  statute  provides,  section  7,  article  1,  title  3,  chapter  555,  Laws  of  18G4 
that  a  deficiency,  of  not  more  than  three  weeks  in  the  twenty-eight  weeks 
required  by  law  for  the  school  year,  shall  be  excused  when  such  deficiency 
was  caused  by  the  attendance  of  the  teacher  at  an  institute  during  his  term. 
The  trustees  may  allow  the  teacher  the  time  or  not,  as  thev  shall  elect.  Per 
V.  M.  IJice,  Superintendent.  March  15,  1805.  {Letters,  vol.  3,  ;^.  703.) 

The  word  "mouth,"  in  law,  means  a  calendar  month  of  thirty  days. 

The  word  "month,"  in  law,  means  a  cah.-ndar  month  of  thirty  days.  I  can- 
not tell  you  the  number  of  days  in  a  school  month.  If  we  accept  this,  "  from 
a  given  day  in  one  month  to  the  same  day  in  the  following  month  is  a  month," 
then  the  month  will  vary  as  to  the  number  of  days  for  school  according  to  the 
number  of  Sundays,  legal  holidays  and  Saturdays  allowed  to  the  teacher.  Per 
E.  W.  Keyes,  Deputy  Superintendent,  April  13,  18G5.  {Letters,  vol.  4,  p.  32.) 

Discharge  of  a  teacher  before  the  e.xpiration  of  his  term— when  justifiable. 

A  teacher  appeals  from  the  action  of  the  trustees  in  discharging  him  from 
school  before  tlie  close  of  the  term  of  his  engagement. 

A  contract  \ntli  a  teacher,  without  expi'cssed  conditions,  is  to  be  interpreted 
by  the  conditions  implied  in  the  very  nature  of  the  contract,  and  the  purposes 
for  whicli  it  is  ent(U"ed  into.  Every  such  contract  impli(;s  distinctly  that  the 
teacher  employed  possesses  the  essentials  of  moral  character,  learning,  ability 
and  will.  The  license  which  he  holds  from  the  i)roi)(U"  oiiicer  is  prima  facie 
evidence,  only,  that  the  apjilicant  possess(>s  tlu^se  requisites,  Init  it  is  not  con- 
clusive ;  the  presumption  raised  by  it  may  be  rebutted  by  direct  evidence, 
tending  to  show  that  tlie  holder  of  such  license  lacks  any  or  all  of  these  quali- 
fications. The  question  now  raised  is  upon  the  proceedings  to  l)e  had,  in  order 
legally  to  cfTect  a  dissolution  of  a  contract  mad(!  with  a  teacher  found  or 
believi'd  to  i)e  destitute  of  any  of  the  essential  qualifications  for  his  position. 
The  manner  of  proceeding  ui)on  an  application  to  the  ])ro])er  authority  for  an 
annulment  of  the  licenssi  lield  by  the  teacher  is  scit  forth  with  sutlicient  clear- 
ness in  another  part  of  tlio  Code  of  Public  Instruction.     The  annulment  of  the 


Teacher.  403 

license  dissolves  all  contracts  entered  into  by  virtue  of  its  sanction.  Bat  can 
the  fulfillment  of  a  contract  be  avoided  only  in  this  way  ?  Until  the  license  is 
revoked,  are  the  trustees  bound  to  retain  a  teacher  obnoxious  to  the  district 
through  immorality,  ignorance,  or  inefficiency?  The  affirmative  of  tliis  is  a 
too  popular  fallacy.  Tlie  admission  of  it  would  be  a  subversion  of  the  principles 
already  enunchxted  as  pertaining  to  the  essential  nature  of  the  contract.  It 
cannot  be  supposed  that  in  case  a  charge  of. gross  immorality,  specifically 
urged,  carrying  with  it  a  strong  presumption  of  its  truth,  were  brought  against 
a  teacher,  the  trustees  must  wait  for  the  tedious  delay  of  a  formal  hearing  in 
tlie  case  before  a  commis.sioner,  and  abide  the  event,  wliicli  may  be  determined 
through  inefficiency  of  evidence,  while  the  moral  conviction  of  the  trutli  of  tho 
charge.^  preferred  is  still  strong  and  abiding.  The  presence  among  pupils  of 
a  teacher  against  whom  sucli  suspicions  rest  must  of  itself,  from  tiie.  sugges- 
tions to  which  it  would  give  rise,  promote  conditions  of  mind  opposed  to  the 
development  of  virtue  and  purity  of  heart.  This  consideration  alone  would 
justify  the  trustees  in  a  summary  dismissal  of  the  teacher.  This,  to  be  sure,  ia 
an  extreme  case,  but  it  is  sufficient  to  illustrate  and  to  establish  tho  principle 
advanced,  that  the  trustees  may  be  justified  in  the  discharge  of  a  teaclu'r  before 
the  close  of  the  terra  specified  in  his  contract.  In  determining  what  consti- 
tutes such  justification,  it  is  difficult,  not  to  »ay  impossible,  to  establish  uniform 
rules.  The  decision  as  to  the  propi'iety  of  the  act,  and  the  power  to  perform 
it,  rests  with  the  trustees.  For  an  abuse  of  their  discretion,  or  an  unwarrant- 
able exercise  of  their  autliority,  they  are,  of  course,  responsible.  On  tlie  com- 
plaint of  the  party  sustaining  what  he  considers  a  grievance  or  wrong,  the 
issue  becomes  one  of  fact,  and  it  devolves  upon  the  trustees  to  show  by  evidence 
that  the  teacher  lacked  the  character,  the  ability,  or  the  will,  essential  to  a 
proper  discharge  of  his  duties,  and  that  he  failed  thus  to  fulfill  the  obviously 
implied  conditions  of  his  contract.  The  mere  fact  of  dissatisfaction  on  their 
part,  or  that  of  the  inhabitants,  is  not  sufficient  to  justify  the  discharge  of  a 
teacher  employed  for  a  definite  period. 

The  tribunal  before  whom  the  action  is  brought,  as  the  court,  a  jury,  or  this 
department,  are  the  constituted  judges  of  fact,  and  will  determine,  from  tho 
evidence  presented,  wh(!th(!r  the  incompetence  of  the  teacher,  as  resulting  from 
"ignorance  or  inditil;reuce,  is  fully  proved,  and  hence  his  discharge,  upon  tho 
groilnds  of  a  violated  contract,  clearly  justified. 

In  the  present  case,  the  trustees  offer  evidence  bearing  upon  the  manage- 
ment and  general  deportment  of  the  appellant  in  the  school-room,  and  in  his 
intercourse  with  the  pupils,  tending,  to  show  disregard  to  the  proprieties  and 
courtesies  incident  to  his  responsible  position.  Trifling  and  irrelevant  conver- 
E-ation  oft  indulged  and  long  continued  with  the  i)upils  in  scliool  hours  ;  prying 
and  impertinent  questions  in  regard  to  domestic  affairs ;  low,  and,  at  the  least, 
Buggestively  vulgar,  remarks  to  the  older  female  pupils  ;  rude,  boisterous  and 
harsh  language  as  a  means  of,  or  substitute  for,  discipline,  are  alleged  and 
proved  by  tiie  testimony  of  his  pupils  with  a  circumstantial  minuteness  that 
requires  emphatic  denial  or  plausible  explanation  to  invalidate  or  palliate. 
The  vague  declaration  concerning  the  colorable  nature  of  the  testimony,  and 
the  affidavits  relative  to  the  satisfaction  uniformly  attending  his  engage- 
ments as  a  teacher  heretofore  in  the  same  vicinity,  which  arc  introduced  by 
the  appellant,  are  insufficient  to  rebut  the  presumption,  raised  by  tho  evidence 
submitted  to  the  trustees,  that  they  were  justified  in  their  dismissal  of  the 
appellant. 

1  must,  therefore,  hold  that  the  trustees  proceeded  with  full  and  sufficient 
justification,  and  decline  to  interfere  with  their  action.  Per  II.  II.  Van  Dyck, 
Superintendent,  April  13,  1858. 

Where  a  teacher  leaves  a  school  voluntarily  before  the  close  of  the  term  for  which  she  was 
cnfjaircd,  even  at  the  request  of  the  trustees,  she  can  recover  wages  only  for  the  tims 
actually  taught. 

This  is  an  appeal  from  the  refusal  of  the  trustees  to  pay  the  full  amount  of 
wages  claimed  for  services  as  teacher. 


404  Teacher. 

The  appellant  alleges  tliat  she  was  hired  for  a  term  of  two  months,  at  three 
dollars  per  week,  and  that  at  the  end  of  four  weeks  she  was  discharged  from 
said  school,  or  was  comiDelled  to  leave,  and  she  now  asks  that  the  trustees  bo 
directed  to  pay  her  wages  for  the  full  term. 

I  think  the  appellant  fails  to  prove  that  she  was  discharged,  or  was  under 
any  moral  or  physical  compulsion  to  leave.  The  trustees  desired  her  to  leave, 
and  so  expressed  themselves  to  her.  But  she  was  unwilling,  and  they  did  not 
insist.  She  afterward  determined  to  leave,  and  sent  for  one  of  the  trustees  to 
take  her  home.  This  action  on  the  part  of  the  trustees  cannot  be  considered 
as  a  breach  of  the  contract.  Her  yielding  to  their  suggestion  to  abandon  the 
school  was  not  compulsory.  The  trustees  must  pay  the  teacher  for  the  time 
she  taught,  and  she  must  be  content  with  that.  Per  E.  \V.  Keyes,  Deputy  • 
Superintendent,  April  27,  1860. 

Dismissal  of  a  teacher  before  the  expiration  of  his  term  of  engagement. 

On  the  appeal  of  J.  A.,  a  teacher,  from  the  action  of  the  trustees  in  discharg- 
ing him  before  the  expiration  of  the  term  for  which  he  was  engaged,  it  appears 
that  Mr.  A.  was  engaged  to  teach  the  school  for  four  months,  for  the  sum  of 
$60,  and  that  after  teacliing  two  months  and  nine  days  he  was  discharged. 
Also  that  he  has  been  ready  at  all  times  to  fulfill  his  contract,  but  has  been 
prevented  from  so  doing  by  the  trustees.  The  trustees  justify  their  action 
upon  the  ground  of  the  incompetency  of  the  appellant. 

The  incompetency  of  the  appellant  I  do  not  think  so  conclusively  proved  as 
to  sustain  the  presumption  of  a  non-fulfillment  of  contract  by  him,  though 
from  the  testimony  on  both  sides  I  am  disposed  to  rate  him  considerably  below 
the  grade  of  a  first-class  teacher.  Still,  the  trustees  can  hardly  expect  to  get 
all  the  manly  and  .scholarly  virtues  for  $15  per  month.  They  paid  him  just 
average  wages,  and  I  should  infer  from  the  testimony  that  he  taught  j  ust  about 
an  average  school. 

I  cannot,  therefore,  find  sufficient  justification  for  the  discharge  of  the 
appellant,  and  must  declare  my  con%action  that  he  is  entitled  to  the  sixty 
dollars  agreed  to  be  paid.  Per  H.  H.  Van  Dyck,  Superintendent,  March  I'd, 
1860.  / 

Where  a  teacher  is  engaged  with  the  nnderstanding  that  she  may  be  discharged  at  the  end 
of  one  month  if  her  teacliing  is  unsatisfactory,  it  will  be  implied  that  the  engagement  is 
for  the  ordinary  term,  and,  if  no  dissatisfaction  is  expressed  at  the  end  of  the  month,  she 
cannot  be  discharged  subsequently  to  that  time. 

Both  parties  concur  in  the  statement  that  the  positive  engagement  was  for 
one  month  only,  during  which  time  the  trustees  were  to  determine  whether  to 
continue  her  or  not.  The  appellant  avers  and  the  respondents  deny  an  agree- 
ment to  retain  her  tliree  months  longer  if  she  gave  satisfaction  during  the 
first  month.  No  dissatisfaction  was  exjjressod,  however,  till  some  time  after 
the  expiration  of  the  month,  when  the  trustees  discharged  her. 

Ifi:ld.  that  the  fact  of  their  reserving  a  month  in  which  to  observe  the 
success  of  the  teacher  im])]ied  the  expectation,  on  the  part  of  the  trustees, 
of  retaining  her  for  the  ordinary  summer  term  if  her  teaching  was  satisfactory. 
Upon  this  expectation  she  would  naturally  rely  in  the  absence  of  any  notice 
to  close  school  at  the  end  of  tlic  first  month.  They  did  agree  to  determine 
upon  her  qualifications  daring  the  first  month,  and  they  could  not,  without  an 
arrangemtmt  with  her  to  that  effect,  prolong  the  period  of  their  observations 
indefinitely,  and  discliargc  her  at  their  discretion.  A  month  is  certainly  long 
cnougli  to  tfist  a  teacher's  ability,  and  the  trustees  were  bound  in  good  faith  to 
give  tlieir  decision  at  that  time. 

In  tlie  present  case  tlic  action  of  the  trustees  was  wrong,  and  they  aro 
directed  to  reinstate  the  teaclier  until  slie  shall  have  comidcted  the  ordinary 
•summer  term  of  four  months.  Per  II.  II.  Van  Dyck,  Superintendent,  August 
17, 1857. 


Teaciieu.  405 

Where  a  teacher  after  teaching  three  da3's  of  his  term  found  the  sschool-honse  locked  ai^ainst 
him.  and  wiihout  applyina:  to  the  trutiice  he  left  and  made  no  demaud  tor  opportuiiiiy  to 
continue  his  school  until  fifteen  days  afterward,  held,  that  he  had  abandoned  the  contract 
voluntarily. 

This  is  au  apiwal  from  the  refusal  of  the  trustee  to  carry  out  a  contract  made 
by  a  former  trustee  with  the  appellant. 

The  appellant  fails  to  establish  that  the  contract  was  first  violated  by  the 
trustee.  He  admits  that  he  was  suflered  to  occupy  tltu  school-house  for  three 
days,  and  that  then  the  door  was  locked  ao;aiust  him.  He  does  not  say  by 
whom  this  was  done,  and  admits  that  the  first  demand  he  made  upon  the  trustee 
for  opportunity  to  continue  his  school  was  fifteen  days  after  the  time  at  which 
he  alleges  the  door  was  closed  against  him.  There  is  no  evidence  produced 
by  him  that  he  sought  any  opportunity  to  continue  his  engagement,  or  made 
any  demand  for  such  opportunity,  prior  to  the  expiration  of  tiftecn  days.  This 
I  think  effectually  concludes  the  case  against  him.  By  all  ordinary  construc- 
tion and  usage  I  think  tliis  must  be  regarded  as  an  abandonment  of  the  con- 
tract on  his  part,  which  left  the  district  to  enter  into  another  engagement.  Per 
H.  H.  Van  Dyck,  Superintendent,  March  oO,  18U1. 

Difference  of  opinion  between  the  tercher  and  the  trustee  concerning  the  proper  disci- 
pline of  the  school  does  not  justifj'  the  removal  of  the  former  before  the  expiration  of  his 
term. 

This  is  an  appeal  from  the  action  of  the  sole  trustee,  in  discharging  the  teacher 
before  the  expiration  of  his  term  of  engagement.  The  justification  set  up  by  the 
trustee  for  the  discharge  of  the  teacher  is  that  there  was  some  difficulty  in 
the  school  upon  matters  of  discipline ;  that  the  trustee  and  the  inhabitants 
desired  the  teacher  to  alter  his  rules  of  discipline,  which  he  refused  to  do,  and 
was  consequently  discharged. 

The  justification  is  insufficient,  or  rather  what  is  alleged  as  justification  \a 
no  justification  at  all.  Even  granting  the  teacher  was  indiscreet  and  impolitic 
in  his  management,  it  does  not  afiford  justification  for  discharge.  There  has 
been  no  such  dejjarture  from  propriety  as  to  constitute  any  violation  of  the 
contract  on  his  part,  and  so  long  as  this  was  the  case  the  district  was  bound 
by  the  agreement.  Appeal  sustained.  Per  E.  W.  Keyes,  Deputy  Superin- 
tendent, April  28,  1863. 

Where  a  teacher  leaves  his  school  before  his  term  of  engagement  is  concluded,  because 
the  trustees  will  not  sustain  him  in  the  enforcement  of  reasonable  rules,  he  is  entitled  to 
■wages  for  the  time  taught. 

On  an  appeal  of  the  teacher  from  the  refusal  of  the  trustees  to  pay  him  the 
sum  of  thirty  dollars  and  sixty-six  cents,  earned  by  him  as"  teacher  of  the 
district  school,  it  appears  that  he  had  been  hired  for  the  term  of  three  montlis, 
by  the  trustees,  at  the  rate  of  sixteen  dollars  per  month.  It  further  appears 
that  one  of  the  pupils  was  guilty  of  insubordination,  in  openly  and  flagrantly 
disobeying  the  orders  of  the  teacher,  and  he  being  a  large,  stout  lad,  the 
teacher  wished  to  avoid  personal  conflict  with  him,  and  so  called  upon  the 
trustees  to  interfere,  and  assist  him  in  securing  obedience.  But  they  refused 
to  give  him  any  assistance  ;  and  he,  deeming  his  services  under  such  a  condi- 
tion of  things  of  no  value  to  the  district,  left  the  school. 

1  cannot  but  think  the  trustees  erred  in  their  estimate  of  their  powers  and 
duties,  in  this  case.  The  teacher  is  held  responsible  for  the  educational 
development  of  his  pupils,  and  he  is,  therefore,  entitled  to  the  aid  and  support 
of  the  trustees  in  carrying  out  all  reasonable  and  judicious  plans  for  tlie  pro. 
motion  of- this  object.  When,  therefore,  the  trustees  refused  to  su.stain  the 
teacher  in  his  requirements,  he  could  not  but  see  that  his  plans  for  the  educa- 
tional development  of  his  pupils  were  frustrated,  and  his  usefulness,  to  a  great 
extent,  destroyed. 

The  provocation  to  leave  was  serious,  and  I  believe  the  act  justifiable.  It 
certainly  is  not  just,  wliatever  be  the  technicalities  of  law  in  tlie  case,  to 
deprive  the  teacher  of  wages  for  services  actually  rendered.    Only  under 


406  Teacher. 

circumstances  of  agg:ravated  injury  to  the  district  should  the  trustees  be  wil 
ling  to  take  any  mean  advantage  of  technical  construction,  and  deprive  tho 
teacher  of  wages  honestly  and  faithfully  earned. 

Under  the  circumstances,  therefore,  it  is  my  judgment  that  the  appellant  is 
entitled  to  the  sum  claimed  by  him.  Per  H.  H.  Van  Dyck,  Superintendent, 
July  25,  1859. 

A  teacher  who  closes  his  school  upon  other  than  legally  authorized  days  for  closiiifr.  with- 
out the  consent  of  the  trustees,  abandons  his  contract  and  is  liable  to  be  superseded. 

This  is  an  appeal  of  V.  H.,  a  teacher,  from  the  action  of  the  sole  trustee  in 
discharging  him  from  the  school  before  the  term  of  his  contract  had  expired. 

On  a  careful  examination  of  the  statements  I  discover  two  facts,  viz.,  that 
the  appellant  dismissed  his  school  on  Ttiesday,  January  24tli,  18G0,  for  the  rest 
of  the  week,  without  permission  from  the  trustee,  but  rather  in  opposition  to  his 
expressed  wishes,  and  that  on  Thursday,  January  26th,  the  trustee  discharged 
him  from  the  remainder  of  his  engagement. 

Among  the  clearly  implied  conditions  of  every  contract  to  teach  is  this  one, 
that  the  school  shall  be  regularly  taught  from  the  beginning  of  the  term  until 
its  close.  The  teacher  cannot,  therefore,  close  his  school  except  upon  the 
regularly  appointed  days,  tmless  with  the  approval  of  the  trustee.  In  doing 
so^he  renders  himself  liable  to  the  charge  of  abandoning  the  contract,  and  the 
trustee  has  the  legal  right  to  regard  the  contract  as  concluded.  Per  H.  H. 
Van  Dyck,  Superintendent,  March  21,  18G0. 

A  teacher  who  closes  his  school  for  any  time  other  than  the  legal  holidays  or  Saturdays 
allowed  him.  without  the  consent  of  the  trustees,  abandons  his  contract  and  forfeits  tho 
balance  of  his  engagement. 

On  an  appeal  from  the  action  of  the  trustees,  in  discharging  a  tcaclier  before 
his  term  of  service  had  expired,  it  appears  tliat  the  appellant  was  hired  to 
teach  tlie  school  during  the  winter  term  of  three  and  one  half  months,  and 
that  lie  commenced  his  term  November  17,  and  taught  till  December  24.  He 
then  closed  his  school  for  a  vacation  during  the  holidays,  gi\ing  notice  that 
school  would  commence  again  January  5.  This  vacation  was  not  provided  for 
in  his  contract  with  the  trustees,  nor  were  they  consulted  concerning  it,  or 
even  notified  by  the  teacher  of  his  intention  in  regard  to  it.  On  returning  to 
the  district  to  resume  his  labors,  he  Avas  informed  by  the  trustees  that  his 
services  were  no  longer  required,  and  from  this  decision  he  brings  an  appeal. 

The  ai)pellant,  by  his  own  showing,  has  abandoned  his  contract,  and  forfeited 
all  riglits  under  and  by  virtue  of  it,  by  closing  his  school  without  permission 
first  oTjtained  from  the  trustees.  The  teaclier  who  closes  his  scliool  for  a  single 
day  not  recognized  as  his  by  the  stattite  or  in  his  agreeiiicnt,  Avithout  the  con- 
Bcnt  of  the  trustees,  does  so  at  his  peril,  for  in  such  case  the  trustees  may 
regard  the  contract  as  terminated,  and  employ  another  teacher.  Appeal  dis- 
missed.    Per  V.  M.  Kice,  Superintendent,  March  27,  18G3. 

A  candidate  for  a  teacher's  certificate  should  be  examined  as  to  learning,  morals  and  ability 

to  teach.  ,  ,-       .• 

Wlieri  a  candidaite  is  refused  a  certificate  on  the  alleged  ground  of  "  feelings  of  dissatis- 
faction on  the  part  of  some  of  the  patrons  of  tlic  school,"  a  new  examination  will  bo 
ordered. 

The  town  superintendent  of  Burns,  Allegany  county,  refused  Miss  Jano 
E.  Gilbert  a  certificate  of  qualification  as  a  teacher,  from  which  refusal  she 
appealed. 

The  evidence  in  this  case  renders  it  exceedingly  diflicult  to  ascertain  pre- 
cisely upon  wliat  grounds  Miss  Gilbert  was  refused  a  certificate.  It  tends^  to 
bIiow  tliat  tlie  superintendent  expressed  liimself  satisfied  with  her  education 
and  literary  acquirements.  If  he  entertained  doubts  as  to  her  capacity  to 
impart  instruction,  the  testimony  fails  to  show  that  he  took  proper  measures, 
by  visiting  lier  school  or  otherwise,  to  arrive  at  an  intelligent  conclusion  on 
this  point.     In  a  letter  to  her,  ho  referred  to  "  feelings  of  dissatisfaction  on 


Teacher.  407 

the  part  of  the  patrons  of  the  school  "  as  having  been  considered  by  him  in 
arriving  at  his  determination  to  withhold  a  certificate.  Such  feelings  or 
opinions  were  no  proper  guide  to  the  superintendent,  and  should  have  had  no 
other  effect  than  to  induce  greater  care  to  examine  tlie  foundation  of  them  for 
himself,  and  decide  upon  his  own  knowledge  and  responsibility.  Tiieir 
existence  may  be  a  proper  element  of  consideration,  in  determining  the  trus- 
tees of  a  particular  district  to  forego  the  services  of  a  qualified  teacher,  but 
they  are  no  test  of  competency,  and  should  not  have  the  effect  (as  they  do, 
if  adopted  by  the  superintendent)  of  excluding  a  teacher  from  every  district 
in  the  town.  It  follows  that  no  good  reason  has  been  shown  on  the  part  of 
the  superintendent  for  withholding  the  certificate.  On  the  other  hand,  it  is 
possible  that  his  conclusion  is  correct,  although  founded  upon  insufficient 
evidence ;  and  there  is  not  such  affirmative  testimony  of  Miss  Gilbert's  entire 
fitness  to  teach,  before  the  department,  as  to  wan-ant  it  in  ordering  tlie  super- 
intendent to  certify  to  her  qualifications.  To  justify  this,  it  should  have  such 
knowledge  as  would  induce  the  State  Superintendent  himself  to  grant  a 
certificate. 

The  appeal  can  be  sustained  only  so  far  as  to  relieve  Miss  Gilbert  from  the 
imputation  that  a  valid  judgment  has  been  passed  against  her  qualifications. 
Perhaps  this  condition  of  tilings  should  be  satisfactory,  as  she  is  entitled,  of 
course,  to  an  examination  in  any  other  town  where  she  may  be  a  candidate 
for  employment  as  an  instructress.  If,  however,  she  is  still  desirous  to  act  as 
a  teacher  in  the  town  of  Burns,  she  may  present  herself  for  examination 
before  Wm.  W.  Payne,  late  town  superintendent  of  Burns,  Samuel  W.  Swaine, 
of  Swainsville,  and  any  other  of  the  former  superintendents  of  Burns  whom 
those  gentlemen  (who  are  hereby  requested  to  act  in  the  premises)  may  select. 
They  will,  in  case  of  their  acceptance  of  this  commission,  appoint  a  time  and 
place  for  sucli  examination,  and  cause  reasonable  notice  thereof  to  be  given 
to  Mr.  Whitney,  that  he  may  attend  the  same,  if  so  disposed.  All  further 
directions  are  reserved  until  the  coming  in  of  the  report  of  such  committee,  or 
further  order.     Per  V.  M.  Rice,  December  7,  1855. 

The  infliction  upon  a  pupil  of  nnnecessary  and  cruel  punishment  is  good  cause  for  annulling 
a  teacher's  certificate. 

A  teacher,  for  an  act  of  disobedience,  ordered  a  boy,  fifteen  years  of  age,  to 
hold  out  a  book,  of  the  ordinary  size  used  in  schools,  at  arm's  length,  level 
with  his  shoulder.  The  boy,  after  holding  it  in  that  position  from  five  to  eight 
or  ten  minutes,  let  it  fall  and  said  he  could  not  hold  it  any  longer.  On  being 
ordered  to  hold  it  out  again,  he  peremptorily  refused.  The  teacher,  then,  with 
a  curled  maple  rule,  over  twenty  inches  long,  one  and  three-quarters  wide,  and 
half  an  inch  tliick,  struck  him  from  fifteen  to  twenty  blows  on  his  back  and 
thighs,  and  in  so  severe  a  manner  as  to  disable  liim  from  leaving  scliool  with- 
out assistance.  A  physician  was  called  and  found  his  back  and  limbs  badly 
bruised  and  swollen.  The  teacher  on  the  succeeding  day  sent  to  him  a  physi- 
cian, who  pronounced  him  "  very  badly  bruised."  It  was  ten  or  twelve  days 
before  he  so  far  recovered  as  to  be  able  to  attend  school. 

The  Superintendent  expresses  his  uncjualified  disapprobation  of  a  punish- 
ment so  severe  and  unreasonable.  If  the  disobedience  of  the  boy  had  been  the 
result  of  sheer  obstinacy  and  willfulness,  it  could  not  justify  the  infliction  of 
fifteen  or  twenty  blows  with  such  a  bludgeon,  upon  the  back  and  limbs  of  the 
boy,  disabling  liim  for  a  fortnight.  Sucli  a  measure  of  punishment  for  such 
an  offense  would  be  suflacient  ground  for  annulling  a  certificate.  Per  Young, 
March  29,  1843. 

The  department  will  annul  the  certificate  of  a  teacher  for  cruel  and  unreasonable  discipline 
in  the  government  of  a  school. 

Mr.  Bly  was  employed  as  a  teacher  in  district  No.  7,  Amity,  by  the  trustees, 
on  the  4tli  of  December  last,  and  soon  afterward  commenced  his  school,  under 
a  certificate  of  qualification  granted  by  the  town  superintendent.     From  the 


408  Teacheb. 

statement  of  tlie  respondents,  in  answer  to  the  appeal,  it  appears  "  that  much 
dissatisfaction  prevailed  in  the  district,  on  account  of  the  severe,  not  to  say 
outrageous,  manner  pursued  by  the  teaclier  in  puuisliing  tlie  scholars."  And  on 
a  visitation  of  the  school  on  the  day  above  referred  to  by  the  town  and  county 
superintendent,  but  twenty-eight  out  of  fifty-eight  children  on  the  teacher's 
list  were  present.  "  The  great  part  of  the  absentees,  Ely  acknowledged,  had 
been  driven  from  the  school  in  consequence  of  his  severity,  etc.  He  also 
remarked  to  us,  that  '  if  he  could  get  rid  of  a  few  more,  he  thought  he  could 
govern  the  rest.' " 

The  respondents  further  state,  during  the  [examination  "  the  greatest  con- 
fusion, insubordination  and  anarchy  continued  ; "  that  the  teacher  was  informed 
at  the  close,  and  after  the  children  had  left,  in  the  most  kind  and  friendly 
manner,  that  some  method  better  calculated  to  preserve  order  in  his  school 
must  be  adopted,  and  he  was  advised  to  "  address  his  pupils  in  a  spirit  of  kind- 
ness, etc.,"  at  which  he  evinced  great  anger,  announced  his  intention  "to  adopt 
and  persist  in  his  own  course,  and  to  receive  dictation  from  no  man."  The 
superintendents  then  informed  him  that  in  their  judgment  tlie  indiscriminate 
use  of  the  rod  was  improper,  that  the  "  insubordinate  conduct  of  his  pupils 
was  in  a  measure  owing  to  his  indiscriminate  and  severe  use,  not  of  a  rod,  but 
of  a  bush  about  three-quarters  of  an  inch  in  diameter,  and  three  feet  lonfy, 
with  several  branches  well  twisted  together,"  and  that  unless  a  reformation  in 
this  respect  was  promised,  they  should  be  \mder  the  necessity  of  depriving  him 
of  his  certificate. 

This  he  peremptorily  refused  to  do,  and  distinctly  informed  the  superin- 
tendents that  he  should  continue  the  same  course  of  discipline  he  had  adopted 
for  the  government  of  his  school.  Under  these  circumstances,  they  deemed  it 
their  duty  to  annul  his  certificate. 

The  practice  of  inflicting  corporeal  punishment  xipon  scholars,  in  any  case 
whatever,  observes  General  Dix,  has  no  sanction  but  usage.  The  Superin- 
tendent is  not  prepared  in  the  present  imperfect  condition  of  educational  science 
entirely  to  prohibit  its  vise  as  a  means  of  school  discipline,  but  ho  will  sustain 
town  and  county  superintendents  in  every  eftbrt  to  restrict  it  to  the  smallest 
possible  compass  consistent  with  the  presei-vation  of  order  and  government, 
and  he  will  in  no  case  tolerate  the  slightest  abuse  in  the  discretion  conferred 
in  this  respect  by  usage,  or  otherwise,  upon  teachers. 

In  this  case  the  town  and  county  superintendents  were  amply  justifiable  in 
annulling  the  certificate,  and  their  proceedings  are  therefore  confirmed,  and 
the  appeal  dismissed.     Per  S.  Young,  February  1,  1844. 


A  teacher's  cortiflcatc  of  qnnlification  cannot  be  nminlled  without  giving-  him  notice  and  a 
reasonable  opportunity,  if  he  desire,  to  appear  and  be  heard  in  defense. 

The  trustees  of  district  No.  5,  in  Guilford,  employed  Mr.  Matteson  to  teach 
their  school  for  the  winter  term.  The  school  commenced  November  1,  1847. 
November  20,  1847,  Mr.  Carhart  visited  the  school,  examined  Mr.  Mattcsou 
and  gave  him  a  certificate.  December  G,  the  superintendent  stoj)ped  at  the 
door  of  the  s(;liool-house  and  told  the  teacher  that  complaints  had  reached  his 
cars  in  regard  to  his  mode  of  ])unishing  scholars,  and  intimated  that  his  certifi- 
cate might  be  annulled.  December  20,  the  superintendent  served  a  notice 
ujjon  the  teacher  that  ho  should  annul  his  certificate  unless  certain  complaints 
"arising  from  his  mode  of  punishment "  were  cleared  up.  December  25,  the 
teacher  wrote  the  superintendent,  requesting  an  investigation  of  the  charges 
and  complaints  against  liiin.  January  o^  tlu?  superint(mdent  annulled  the  cer- 
tificate, and  gave  notice  thereof  to  the  trustees,  without  having  given  the 
teacher  any  opjmrtunity  to  reply  to  or  explain  the  charges  made  again.st  him, 
and  assigning,  as  his  reasons  therefor,  the  complaints  mentioncnl  in  his  ])reviou3 
notice  and  his  own  observations.  The  trustees  all  signed  a  jjaper,  stating  that, 
in  their  opinion,  the  charges  against  the  teacher  were  of  a  trivial  character 
and  wholly  unfounded,  and  that  the  course  of  the  superintendent  was  "  under 


Teacher.  409 

lianded,  prejudiced  and  ungentlemanly,"  and  "  meets  our  unqualified  disappro- 
bation." 

The  conduct  of  the  town  superintendent  in  this  case  will  hardly  admit  of  a 
roasonalile  explanation.  He  visits  a  school  twice,  and  then  gives  a  teacher  n 
legal  certificate.  In  less  tlian  a  month  he  gives  the  teacher  notice  of  his  inten- 
tion to  annul  his  certificate,  without  having,  in  the  mean  time,  visited  the 
school  or  required  a  re-examination,  and  upon  complaints  not  stated  in  writing 
or  assuming  any  tangiljle  shape,  but,  so  far  as  appears  at  th(>  time,  mere  hear- 
say rei)orts  and  neighborhood  gossij).  The  pretense  that  the  superintendent 
had  become  satisfied,  from  "  personal  observations,"  that  the  teacher  was 
unqualified,  is  very  strangely  inconsistent  with  the  fact  that  he  made  no  "per- 
sonal observations  "  after  granting  the  certificate,  'i'he  teacher  requested  speci- 
fications of  the  charges.  None  were  given.  He  desired  to  be  heard  in  answer 
to  whatever  could  be  alleged  against  him.     No  opportunity  was  allowed. 

A  certificate  of  qualification  should  not  be  annulled  without  a  statement  of 
the  comijlaint,  anil  an  investigation  of  its  truth,  and  an  opportunity  given  to 
tlie  teacher  to  be  prescuit  during  such  investigation.  Such  are  the  rules  pre- 
scribe.l  by  this  department  in  proceedings  to  annul  a  teacher's  certificate,  and 
they  are  a  part  of  the  law.  The  superintendent  proceeded  in  this  matter  with- 
out a  proper  and  needful  statement  of  the  charges  and  specifications,  and 
without  giving  the  teacher  an  opportunity  to  be  heard  in  defense. 

It  is,  therefore,  decreed  that  the  order  of  tlie  town  superintendent,  annulling 
Mr.  Matteson's  certificate,  be  set  aside.     Per  Morgan,  February,  1848. 

Hefuaal  to  annul  teachers'  certificate  for  inflicting  proper  punishment. 

On  a  petition  asking  this  department  to  annul  the  license  of  A.  B.,  a  teacher, 
it  is  alleged  that  the  said  A.  E.  inflicted  cruel  and  unusual  punishment  upon  a 
pupil. 

The  severity  of  the  punishment  is  conceded,  but  not  to  the  extent  nor  in  the 
manner  charged.  Tht;  facts  appear  to  be  that  the  pupil  flatly  refused  to  obey 
tlie  teacher,  by  not  taking  the  seat  he  was  directed  to  take.  The  teacher 
came  toward  the  boy,  intending  to  compel  him  by  force  to  take  the  seat 
assigned  to  him.  The  boy,  with  an  oath,  bade  the  teacher  not  come  near  him, 
and,  as  the  teacher  approached,  the  boy  struck  at  him  several  times.  The 
teacher  caught  the  boy,  and  with  force  put  him  in  his  seat,  the  boy  nuumtime 
kicking,  striking,  yelling  and  swearing.  To  stop  this  outrageous  and  unseemly 
ni)ise,  the  teacher  took  the  most  eff"ectual  means  at  his  command;  he  inter 
cepted  the  passage  of  air  between  the  lungs  and  the  vocal  organs,  long  enough 
to  suppress  the  disturbance,  but  not  long  enough  to  injure  the  boy.  But  the 
boy  was  not  subdued  by  any  such  gentle  restraint,  for  no  sof)ner  was  he  left 
alone  tlian  he  ran  out  of  doors.  The  teaclier  pursued  and  caught  him,  and 
brought  him  l)a('k  to  the  scliool-room,  not,  it  appears,  without  some  consider- 
able force,  for  the  boy  resisted  ^vith  all  his  strength  ;  and  it  would  really  not 
be  strange  if  in  the  struggle  he  received  some  severe  blows. 

A'.kI  for  this  the  Superintendent  is  asked  to  annul  the  certificate  of  the 
teacher. 

I  decline  to  do  any  thing  of  the  kind.  The  teacher,  in  the  matter  of  the  boy, 
did  no  more  than  lu>  was  com]>elled  to  do  ;  he  might  have  done  much  more, 
and  still  be  acquitted  of  infii(^ting  cruel  and  unusual  punishment.  It  was  not 
cruel,  and  if  it  was  unusual  it  was  only  so  because  the  conduct  of  the  boy  was 
unusual.     Petition  denied.     Per  V.  M.  Rice,  Superintendent,  March  24,  18G3. 

Annulment  of  a  teacher'?  license  for  incompetence  known  to  the  commissioner  does  not 
require  legal  notice. 

The  annulment  of  a  license  for  inability,  found  to  exist  on  a  personal 
examination  by  the  commissioner,  requires  no  notice  at  all,  and  for  the  obvious 
reason  that  testimony  is  not  avaihU)le  to  discredit  tlie  deliberate  judgment  of 
the  commissioner,  founded  upon  his  own  personal  knowledge.  Per  V.  M. 
Rice,  Superintendent,  March  12,  1863. 

52 


410  Teacher. 

A  teacher's  license  should  be  annulled  for  intemperance. 

It  must  be  borne  in  mind  that,  in  tlio  matter  of  the  character  of  a  teacher  of 
youth,  the  commissioner  or  other  competent  autliority  bases  his  certificate  upon 
the  assurance  that  the  applicant  is  of  orood  moral  character.  Were  the  schools 
throufjhout  the  State  accessible  to  and  in  charge  of  teachers  guilty  of  the  habit 
of  drunkenness,  it  would  present  a  spectacle  at  which  the  moral  sense  of  the 
pe^jple  would  stand  appalled.  I  could  never  grant  a  certificate  to  such  a  person, 
setting  forth,  among  other  things,  that  he  was  qualified  in  respect  to  moral 
character  to  teach  any  district  school,  and  if,  unwittingly,  I  had  given  him 
such  a  testimonial,  I  should  be  compelled,  upon  evidence  of  his  immoral  prac- 
tices being  submitted,  to  retract  a  statement  so  clearly  at  variance  with  the  facts 
disclosed  ;  the  only  practical  mode  of  doing  which  would  be  to  annul  the  cer- 
tificate which  he  held.     Per  II.  H.  Van  Dyck,  Superintendent,  February  7, 1860. 

A  commissioner  cannot  withhold  a  certificate  from  a  teacher  with  whose  character,  learn- 
ing?, and  abilities  he  is  satisfied,  on  the  ground  that  said  teacher  is  employed  in  a  district 
against  the  feelings  or  prejudices  of  the  inhabitants. 

On  an  appeal  of  the  trustees  from  tlie  refusal  of  the  commissioner  to  grant  a, 
certificate  to  the  teacher  whom  they  had  employed  to  teach  the  school  in  their 
district,  it  is  estaldished  that,  at  the  examination  of  said  teacher,  the  commis-' 
Bioncr  found  no  fault  with  her  qualifications  in  respect  to  moral  character, 
learning  and  ability,  but  declined  to  give  her  a  certificate  upon  the  ground 
that  slie  Avas  a  resident  of  the  district  in  which  she  proposed  to  teach,  and  that 
there  had  been  and  still  was  much  opposition  to  her  teaching  said  school,  and 
that  he  had  pledged  himself  not  to  give  a  certificate  to  any  person  whose  pres- 
ence in  the  school  would  be  objecticmable  to  any  considerable  number  of  the 
inhabitants. 

The  motives  of  the  commissioner  in  seeking  to  prevent  the  occasion  of  strife 
and  contention  in  the  district  are  worthy  ;  and  the  means,  if  they  were  within 
the  legal  authority  of  that  officer,  would  be  justifiable.  I  cannot,  however, 
deem  the  discretion  of  the  commissioner  in  this  instance  legally  exercised. 
His  discretion  in  licensing  a  teacher  extends  only  to  determining  upon  the 
qualifications  required  by  the  law,  and  when  these  requirements  are  fulfiHed 
he  has  no  right  to  impose  other  conditions. 

After  the  qualifications  in  respect  to  moral  character,  learning,  and  abilities, 
have  been  certified,  the  trustees  alone  are  vested  with  the;  discretion  of  select- 
ing or  rejecting  an  applicant  upon  the  ground  of  j)ersonal  or  local  con- 
Biderations.     Per  H.  H.  Van  Dyck,  Superintendent,  May  23,  1859. 

A  commi>sioner  is  justified  in  withholding  a  certificate  from  a  teacher  where  evidences  of 
his  good  character  do  not  aflirraatively  appear. 

The  basis  of  every  certificate  issued  by  the  commissioner  is  his  satisfaction 
concerning  the  qualifications  of  the  applicant  in  respect  to  moral  character, 
learning  and  ability.  Under  certain  circumstances  the  commissioner  has  the 
rigiit  to  presume  that  the  moral  character  of  tlu;  ap])licant  is  unimiieacliable, 
but  he  may  withliold  the  certificate  until  the  applicant  shows  affirmatively  that 
he  possesses  good  moral  character. 

It  must  be  borne  in  mind  that  the  commissioner  is  the  servant  of  the  people, 
pledged  to  protc^ct  their  interests  and  rights  in  matters  relating  to  the  educa- 
tion of  their  children,  and  he  has  no  right  to  peril  those  interests  by  legalizing 
the  ])resenco  and  labors  among  them  of  a  person  concerning  who.so  moral 
reputation  there  is  a  doubt.  Per  E.  W.  Keyes,  Deputy  Superintendent,  May 
20,  185U. 

A  teacher  who  goes  into  sclionl  without  hfting  duly  qualified  accordins:  to  law  violates  his 
contract,  and  the  sauie  is  not  renewed  by  his  obtaining  a  certificate  subsequently,  unless 
a  new  contract  is  made. 

This  is  an  a^ipeal  from  the  actioia  of  the  trustee  in  discharging  a  teacher  beforo 
the  cxi>iration  of  his  alleged  term  of  engagement. 


Teaciikh.  411 

The  appellant's  own  admissions  condemn  liim.  lie  entered  tlic  scliool  and 
taufjlit  nearly  three  weeks  without  any  certilieate.  'I'liis  was  wlioiiy  unauthor- 
ized. He  was  liable  to  discharije  at  any  moment  of  the  time.  He  had  violated 
his  own  contract.  The  trustee  had  no  authority  to  autliori/.e  him  to  continue 
the  school  withont  a  license.  The  ori<^inal  contract  was  anuulk'd  Ijy  tho 
appellant  when  he  went  into  the  school  without  a  license,  and  was  not  reuewed 
by  his  obtaining  a  license  subsequently.  Per  \'.  M.  Itice,  Superintentleut, 
March  11,  18G1. 

'loklers  oT  State  corfificatcs  are  not  exempted  from  examinations,  liy  scliool  connnissioiicrs 
or  city  superintcnilents,  iu  tlio  places  wliurc  Ihoy  seek  siltiaiions  as  leaelai'a. 

A  State  certificate  does  u(jt  of  course  authorize  the  holder  to  demand 
employment  of  ri;;>;lit,  from  an)'  school  olllcer.  or  l)oard  of  ollicers.  These  1kiv(j 
.the  rijflit  to  demand  just  such  evidence  of  qualilication  as  tlu-y  deem  proper. 
Hence  they  may  say  to  any  applicant  for  a  position  who  holds  a  State  certili- 
eate, "We  will  cm])loy  you  if  you  can  procure  a  certificate  from  the  local  com- 
missioner or  from  the  city  superintendent."  If  he  refuse  to  comply,  of  courso 
they  may  refuse  to  employ  him.  Hence  it  follows  that  the  board  of  education 
in  the  city  of  New  York  may  prescribe  such  conditions  of  qualilication  as  they 
see  fit  as  a  precedent  condition  to  employment.  If  they  recjuire  examination  by 
the  city  superintendent,  the  teacher  has  no  alternative  but  to  comply.  Tho 
holder  of  a  State  certificate  is  supposed  to  be  so  thorouo,-hly  qualified  in  all 
respects  that  he  is  ready  to  pass  an  examination  at  any  time.  He  should  seek, 
rather  than  avoid,  the  application  of  the  several  tests  that  can  be  applied  to  his 
character  and  scholarship.  Per  V.  M.  Piice,  Superintendent,  April  10,  1804. 
{Lellers,  vol.  'S,  p.  98.) 

Teachoris'  institute  a  trainini;  school  for  teachers.  Prominent  object,  or;;anization,  crovern- 
ment,  discipline  and  instruction  of  common  district  schools.  Superintondonc  opposed  to 
payiuLf  larj^'o  sums  of  money  to  lecturers. 

The  Superintendent  directs  me  to  say  that  a  teachers'  institute  should  be  a 
trainintr  school  for  teachers,  and  while  ^ood,  thorough  elemcuitary  instruction 
in  the  liranches  to  be  taught  in  common  schools  sliould  be  imparted,  still  tho 
great  object  of  the  institute  should  be  kept  prominently  before  the  instructors 
and  the  teachers  in  attendance,  viz.,  practical  instruction  in  regard  to  the 
organization,  government,  discipline  and  instruction  of  common  district  schools. 
The  money  furnished  by  the  State,  to  aid  in  defraying  the  expenses  of  organ- 
izing and  holding  teachers'  institutes,  shonld  be  jiaid  so  far  as  practicable 
toward  the  supi)Oit  of  institutes  conducted  as  above  stated. 

The  Superintendent  is,  therefore,  stnjngly  opposed  to  paying  large  sums  of 
money  for  lecturers.  You  will  conseqitejitly  bear  this  fact  in  mind  in  making 
arrangements  with  lecturers.  Do  not  engage  many  lecturers,  nor  agree  to 
pay  them  much  money ;  the  evenings  may  some  of  them  be  very  properly 
Bpent  in  the  discussion  of  topics  of  practical  interest,  and  in  other  exercises  in 
which  the  teachers  shall  be  called  upon  to  do  something.  We  wish  teachers 
who  not  only  know  a  great  deal,  but  those  who  can  do  much  in  the  school- 
room and  do  it.  well.  Per  S.  D.  Barr,  Deputy  Superintendent,  October  26, 
1865.  {Letters,  vol.  4,  p.  410.) 

The  teacher  is  legally  responsible  for  the  safe  kcepins?  of  the  school  re:;istcr,  and  if  it  is  lost 
or  stolen  throuLfh  his  carelessness  he  cannot  receive  any  pay  for  his  servicer-.  Hut.  if  he 
can  make  oath  that  it  was  correctly  kept,  and  not  lost  ()r  stolen  by  any  fault  of  his,  tho 
trustees  may  give  him  an  order  upon  the  supervisor  for  his  wa^'es. 

The  teacher  is  legally  responsible  for  the  safe  keeping  of  the  school  register, 
and  if  he  by  carelessness  leaves  the  register  iit  tho  school-house,  and  not  under 
lock  and  key,  he  must  suffer  the  consequences.  In  short,  the  teacher  must 
show  that  he  has  used  due  diligence  in  taking  care  of  the  register,  or,  in 
other  words,  that  its  loss  was  no  fault  of  his,  before  he  is  entitled  to  any  pay 
for  his  services.  If  he  can  make  oath  that  the  register  was  correctly  kept, 
and  that  he  cannot  produce  it  because  it  is  lost  or  stolen  without  any  fault  of 


412  Trustees. 

bis,  the  trustee  would  be  justified  in  giving  him  an  order  upon  the  supervisor 
for  his  wages.  The  trustees  should  at  once  supply  the  teacher  with  a  new 
register  and  cause  it  to  be  carefully  kept  for  the  remainder  of  the  school  year. 
If  the  trustees  make  application  in  season,  I  have  authority  to  authorize  the 
commissioner,  in  his  apportionment  of  1867,  to  make  to  their  district  an  equita- 
ble apportionment,  although  their  record  of  attendance  for  the  time  school 
has  been  taught  during  the  present  school  year  is  stolen  or  missing.  Per  V. 
M.  Rice,  Superintendent,  March  19,  1866.  {Letters,  vol.  5,  p.  216.) 

Town  superintendents  (supervisors)  can  use  no  discretion  in  tlie  matter  of  paying  over 
public  money  on  the  order  of  the  trustees. 

Town  superintendents  are  by  law  required  to  pay  over  the  library  money 
apportioned  to  the  several  districts,  to,  or  on  the  order  of,  the  trustees  of  such 
districts  respectively.  The  question  of  the  legal  or  illegal  expenditure  of  such 
money  can  only  arise  on  tlie  apportionment,  and  must  be  determined  from  the 
annual  report  of  the  trustees  for  the  year  preceding  such  apportionment. 
Where,  therefore,  an  order  of  the  trustees,  legal  on  its  face,  is  presented  to  the 
town  superintendent  (supervisor)  for  the  payment  of  the  whole  or  any  portion 
of  the  library  money  of  any  district,  he  has  no  other  alternative  than  to  pay  it, 
unless  he  knows,  or  has  good  reason  to  suspect,  it  has  been  wrongfully  pro- 
cured, i^nd  even  then  he  refuses  payment  oh  his  own  responsibility  should  the 
order  prove  to  be  genuine- and  valid. 

It  is  true,  trustees  of  districts  have  no  legal  authority  to  apply  the  library 
money  to  the  ])urchase  of  maps,  globes,  or  other  scientific  apparatus,  without 
a  vote  of  the  district  to  that  effect,  but  tliis  is  a  matter  with  which  the  town 
superintendent  (supervisor)  has  nothing  to  do.  The  trustees  are  responsible 
for  the  proper  performance  of  their  duty  only  to  their  district,  their  successors 
in  office,  and  the  Department  of  Public  Instruction ;  and  if,  without  a  vote  of 
the  district,  they  give  an  order  for  the  library  money  on  purchasing  apparatus, 
etc.,  such  an  order  is  valid,  and  the  town  superintendent  (supervisor)  cannot  go 
behind  it  in  search  of  the  authority  under  which  it  was  given.  The  designa- 
tion of  a  portion  of  such  money  as  interest  does  not  affect  tlie  right  of  the 
holder  of  the  order  to  receive  payment ;  and,  if  the  supervisor  has  not  funds 
of  the  district  in  his  hands  to  an  amount  sufficient  to  meet  the  order,  he  may 
indorse  the  amount  paid  on  the  order,  or  take  a  receipt  for  the  same.  Per  V. 
M.  Eice.  Superintendent,  May  li),  1854.  {Letters,  vol.  1,  p.  106.) 


TRUSTEES. 


An  arbitration  between  the  trustees  of  a  school  district  and  a  person  having 
a  claim  against  it  is  proper  and  legal,  and  the  award  binding  on  the  parties. 
Per  Morgan,  February  19,  1848. 

A  school  district  cannot  by  vote  authorize  trustees  to  borrow  money  on  its 
credit.  If  the  trustees  advance  money  to  purchase  a  library,  they  may  repay 
themselves  out  of  money  voted  by  tax  for  that  purpose,  or  received  from  the 
State,  but  they  cannot  charge  interest.     Per  Spencer,  March  29,  1839. 

Trustees  arc  not  empowered  to  receive  a  note  in  payment  of  a  ta.x  imposed  by  tbem,  and 
cannot  maintain  an  action  to  enforce  payment. 

The  trustees  of  district  No.  8,  in  the  town  of  Mentz,  took  a  note  from  S.  P. 
Clark  in  payment  of  a  tax  assessed  upon  his  farm.  Upon  apjteal  it  appeared 
that  Mr.  Clark  had  becm  erroneously  taxed  in  district  No.  8,  while  he  was  yet 
a  resident  of  district  No.  7.  Held,  that  tlie  note  was  void,  and  could  not  bo 
collected,  even  if  the  tax  had  been  legally  assessed.  Per  Spencer,  March  24, 
1840.  o     ^  1 


Tkustees.  413 

When  costs  have  been  incurred  against  district  officers  in  suits  by  or  against  them  in  the 
discharge  of  their  official  duties,  u  majority  of  the  voters  of  the  district  may  allow  the 
amount,  and  the  trustees  assess  the  same  by  tax. 

The  inhabitants  of  district  No.  4,  on  the  4tli  September  last,  audited  the 
account  of  the  trustees  for  costs  and  expenses  incurred  in  certain  suits  com- 
menced by  and  atjaiust  them  and  their  predecessors  in  office,  and  directed  the 
amoimt  so  audited  and  allowed  to  be  collected  by  a  tax.  The  Superintendent, 
on  a  careful  examination  of  this  case,  is  satisfied  that  the  account  was  made  out 
and  presented  in  good  faith,  that  the  items  were  such  as  the  district  were  fully 
competent  to  pass  upon,  and  that  the  tax  directed  to  be  levied  for  their  pay- 
ment was  equitable  and  just.  (8  Howard's  Reports,  125.)  Per  Morgan,  October, 
184S). 

The  inhabitants  of  a  school  district  have  no  power  to  direct  the  tnistees  to  levy  a  tax  to 
pay  the  expenses  of  an  arbitration  in  settling  difficulties  in  a  district. 

The  decision  of  the  county  superintendent,  declaring  that  the  inhabitants  of 
district  No.  13,  in  voting  a  tax  to  defray  or  reimburse  the  expenses  of  an  arbi- 
tration, and  other  liabilities  which  had  accrued  in  settling  the  difficulties  to 
which  the  district  had  been  exposed  for  the  past  nine  mouths,  had  transcended 
the  powers  conferred  on  them  by  law,  is  strictly  in  accordance  with  the  previ- 
ous adjudications  of  this  department,  and  Avith  the  well  settled  principles  by 
which  it  has  been  uniformly  governed  in  the  disposition  of  cases  of  this  nature, 
and  must  accordingly  be  athrmed.  The  law  has  distinctly  defined  the  purposes 
for  which  a  school  district  tax  may  be  voted ;  and  the  inhabitants  can  in  no 
case  go  beyond  them.  That  the  expenses  for  which  the  tax  in  this  case  was 
imposed  were  incurred  by  the  trustees,  under  the  sanction  and  directions  of  a 
district  meeting,  cannot  affect  the  principle ;  the  district  had  no  legal  authority 
to  pass  such  a  vote,  and  it  was  in  no  sense  obligatory  either  upon  the  inhabi- 
tants or  trustees.  The  only  mode  by  which  the  trustees  can  be  iudemnified  for 
the  expenditures  incurred  by  them  is  by  voluntary  contribution.  They  cannot 
legally  enforce  the  collection  of  a  district  tax  for  this  purpose.  Per  Young, 
September  12,  1843. 

Inhabitants  have  no  right  to  re-elect  against  his  will  a  person  whose  resignation  has  been 

accepted. 

Daniel  Lawrence,  whose  resignation  of  the  office  of  trustee  of  district  No.  2, 
Hamburgh,  had  been  accepted  by  three  justices  of  the  peace  of  said  town,  was 
Bubsequently  re-elected. 

The  election  was  set  aside  on  appeal.  The  law  having  constituted  the  jus- 
tices sole  judges  of  the  propriety  of  a  resignation,  their  decision  is  final,  and 
the  inhabitants  have  no  right  to  disregard  it.     Per  Dix,  May  9,  1838. 

The  acts  of  trustees,  de  facto,  holding  office  under  color  of  an  election,  subsequently  declared 
void  and  set  aside,  are  valid  and  binding  upon  their  successors. 

Samuel  S.  Lord  and  John  S.  Panlow  were  elected  trustees  of  district  No.  6, 
Lincklaen,  at  a  meeting  which  was,  on  app(;al,  decided  to  be  illegal,  and  the 
proceedings  thereat  void. 

Before  the  decision,  however,  the  trustees  had  contracted  to  build  a  school- 
house,  in  accordance  with  the  proceedings  of  the  meeting  at  which  they  were 
elected,  and  had  hired  a  teacher  for  the  winter  scliool,  and  agreed  to  pay  him 
$24  of  the  public  money,  and  had  levied  and  jiartly  collected  a  tax  of  $50  voted 
by  said  nu;eting  toward  l)uilding  the  school-house. 

Their  successors  refused  to  fulfill  their  contracts,  and  they  appealed. 

HM,  that,  until  the  decision  declaring  void  the  proceedings  of  the  meeting 
that  elect(!d  them,  they  were  to  all  intents  and  purposes  the  legal  officers  of 
the  district,  so  far  as  the  public  and  third  persons  were  concerned.  They  acted 
in  their  official  and  not  in  their  individual  capacity,  for  the  district  and  not  for 
themselves.    The  collection  of  the  tax  assessed  by  them  could  not  be  resisted ; 


414  Trustees. 

all  tlieir  contracts  made  within  their  official  jurisdiction  were  legal  and  bind- 
ing. They  were  competent  to  transact  all  the  business  of  the  district.  Tlieir 
Euccessors,  under  tlie  decision,  succeeded,  not  merely  to  all  their  rights,  but 
also  to  all  their  legal  liabilities,  and  were  bound  to  execute  all  their  contracts 
entered  into  while  acting  under  color  of  a  legal  election.  Per  Spencer.  Juno 
25,  1841. 

Tmstees  have  no  lien  on  moneys  belonging  to  the  district,  for  expenses  incurred  by  them 

in  its  behalf. 
If  thiy  have  been  directed  by  the  district  to  act,  they  can  indemnify  themselves  by  levying 

a  tax  without  a  vote  of  the  district  for  that  purpose. 

Mr.  Charles  Kendall,  a  trustee  of  district  No.  3,  Bethany,  Genesee  county, 
had  in  his  hands  eigliteen  dollars  and  eigliteen  cents  belonging  to  said  district, 
At  a  special  meeting  held  !May  G,  1848,  said  sum  was  appropriated  by  a  vote 
of  the  district  for  the  purchase  of  a  stove  and  other  purposes. 

Mr.  Kendall  claims  that  the  district  should  pay  him  for  the  use  of  a  stove 
bought  by  him  and  placed  in  the  school-liouse  without  the  authority  of  a  vote 
of  the  district.  The  district  refused  to  purchase  the  stove  of  Mr.  Kendall, 
bought  by  him  in  good  faith,  and  he  retains  in  his  hands  three  dollars  for 
the  ttse  thereof.  The  good  or  bad  designs,  either  of  Mr.  Kendall  or  of  the 
district,  can  in  no  wise  affect  the  case  so  as  to  render  the  district  liable  for  the 
Btove. 

Mr.  Kendall  also  claims  that  he  should  be  allowed  three  dollars,  which  ho 
alleges  he  paid  for  the  district,  in  pursuance  of  a  vote  of  the  district.  It  is  not 
stated  when  nor  for  wliat  purpose  the  three  dollars  were  expended,  nor  are  any 
dates  given,  except  tliat  the  annual  report  of  the  trustees  in  1847  acknowl- 
edged the  three  dollars  as  a  debt  due  ]Mr.  Kendall  from  tlie  district.  But  the 
district  clerk  certifies  that  the  records  of  the  district  contain  no  mention  of  tho 
Baid  three  dollars. 

Mr.  Kendall  fails  to  establish  a  good  claim  against  the  district  for  the  six 
dollars.     Per  A.  G.  Johnson,  Deputy  Superintendent,  August  o,  1848. 

Trustees  of  a  school  district  have  the  sole  power  of  making  contracts  relating  to  their 
districts,  and  of  accepting  the  work  performed  under  them. 

The  trustees  of  district  No.  7,  Depuyster,  St.  Lawrence  county,  by  authority 
from  the  district,  contracted  with  a  builder  to  construct  a  scliool-house,  to  bo 
completed  by  tlie  1st  of  November,  1848.  Tlie  house  was  not  completed  until 
about  a  montli  after  the  time  specified,  and  was  not  such  an  one  in  every 
particular  as  was  contemplated  in  the  contract. 

After  consultation  the  trustees  accepted  the  building,  thinking  it  better  to 
do  so  than  to  subject  themselves  and  the  district  to  further  trouble. 

The  acceptance  of  tlie  building  is  a])pealed  from,  on  tlie  ground  that  tho 
taxable  inhaliitants  of  tlie  district  have  been  wronged. 

The  trustees  of  a  school  district  have  the  sole  power  of  making  contracts 
relating  to  tlieir  district,  and  of  acce]iting  tlie  worlc  performed  under  them. 
And  in  the  absence  of  fraud  or  bad  faith,  tliere  appears  to  be  no  way  of  render- 
ing them  liable  for  their  acts. 

In  tho  present  case,  tliere  appears  to  be  no  evidence  of  bad  faith  or  intention 
to  defraud  the  district.  Tliis  department  cannot  therefore  interfere.  Per 
Morgan,  January  27,  1849. 

When  a  trustee  is  absent  from  a  district,  ?o  as  to  be  unable  to  act  with  his  associates,  the 
town  superintendent  ^supervisor),  on  the  ajjplication  of  the  other  trustees,  will  appoint  a 
successor. 

Some  time  in  the  month  of  Septeml)er  last,  Mr.  Gilbert,  who  had  been 
elected  a  trustee  of  district  No.  9,  visited  the  western  part  of  the  State  in  com- 
pany witli  his  wife,  whoso  parents  reside  there,  for  the  benefit  of  lier  liealth. 
liCaving  lu-r,  he  returned,  harvested  liis  crops,  and  early  in  October  again  left, 
with  the  avowed  intention  of  remaining  until  the  ensuing  spring.     Tlie  other 


Trustees.  415 

two  trustees  boin<T  unable  to  a^ree  in  the  manajrement  of  the  affairs  of  the  dis- 
trict, and  the  employment  of  a  teacher  for  the  ^^intor  term,  applied  to  the  to\vn 
superintendent  to  fill  the  vacancy  which  they  supposed  to  exist  iu  the  district, 
in  order  to  enable  them  to  orofanize  the  winter  school. 

For  all  practical  i)urposes,  it  is  evident  that  a  proper  case  for  the  action  of 
the  town  superintendent  was  presented  ;  Mr.  tiilbert  indeed  may  not  have  lost 
his  lerral  ri<i^hts  as  a  resident  of  the  district,  but  he  had,  at  all  events,  ceased  to 
l)e  an  inhabitant,  and  had  expressly  avowed  his  intention  not  to  return  to  tho 
district  until  the  ensuing  spring. 

The  department  is  dis})Osed  to  coincide  with  the  county  superintendent  in 
the  opinion  that  an  actual  vacancy  existed,  created,  if  not  by  "  removal  from 
the  district,"  in  the  legal  acceptation  of  the  term,  by  a  virtual  "refusal  to 
serve,"  or  incapacity  to  act,  and  that  the  interposition  of  the  town  sujierintend- 
ent  bv  the  appointment  of  a  trustee  in  his  place  was  legal.  Per  S.  Young, 
December  26,  1846. 

Trustees  cannot  retain  moneys  iu  their  hands  to  compensate  them  for  services  which  they 

may  have  rendered  as  ti'iistecs. 
The  oftice  is  merely  honorary. 

The  trustees  of  school  district  No.  5  have  retained  in  their  hands  dififerent 
sums,  amounting  in  the  aggregate  to  sixteen  dollars  and  fifty  cents,  as  it  is 
stated  in  the  appeal,  for  their  services  in  bringing  teachers  to  the  district,  tak- 
ing them  to  be  examined  and  carrying  them  home. 

The  only  case  in  which  a  charge  for  expenses  of  transporting  teachers  could 
be  sustained  would  be  where  it  was  part  of  the  contract  with  the  teacher  that 
her  expenses  for  traveling  should  be  defrayed.  In  this  case  they  would  consti- 
tute, and  should  be  charged  against  the  teacher  as,  wages  paid.  The  trustees 
are  entitled  to  no  remuneration  from  the  district  for  their  services  in  that 
capacity,  the  office  being  i)urely  honorary. 

They  can  retain  no  money  for  tlu^mselves  except  when  they  might  have  paid 
it  for  similar  services  to  third  persons,  and  then  only  for  purposes  expressly 
enumerated  in  the  statute ;  carrying  teachers  to  or  from  the  place  of  their 
emplojnnent  is  not  among  those  purposes. 

The  ai)i)eal  is  therefore  sustained,  and  the  trustees  above  named  are  severallj 
ordered  to  pay  to  the  town  superintendent,  for  the  use  of  the  district,  the 
amount  whicli  ajipears  by  the  account  aforesaid  to  have  been  illegally  expended 
and  retained  by  tliem.     Per  V.  M.  Kice,  February  It),  1855. 

The  drawing  of  an  order  for  public  money  is  a  ministerial  act.  which  docs  not  necessarily 
require  the  presence  of  the  entire  board  of  trustees. 

Tho  drawing  of  an  order  is  a  ministerial  act,  which  docs  not  necessarily 
require  the  presence  of  the  entire  board  of  trustees.  It  is  simply  the  execution 
of  a  contract,  whicli  is  obligatory  upon  all  of  them,  if,  as  is  to  be  presumed, 
the  contract  was  regularly  made.  Its  validity  is  not  questioned  by  the 
aii])ellant. 

The  respondents  aver  that  Mr.  Payne  had  refused  to  act  with  one  of  them, 
and  present  this  as  a  rea.son  for  not  consulting  him  ujion  drawing  the  order. 

This  would  aot  excuse  the  omission  if  the  act  was  one  which  involved  tho 
exercise  of  judgment,  and  therefore  required  a  meeting  of  the  entire  board. 
A  trustee  cannot  be  permitted  to  retain  his  office  as  a  mere  obstruction  to  his 
colleagues.  If  he  cannot  act  with  his  associates,  he  should  resign  ;  and  if, 
without  resigning,  he  neglects  to  i)crform  the  duties  of  his  office,  it  is  tlie  duty 
of  the  town  superintendent  to  prosecute  him  for  the  penalty  imposed  by  the 
statute.  But,  until  he  has  resigned  or  been  superseded,  his  colleagues  should 
ciill  ujion  him  regularly  to  take  part  in  their  official  action,  to  the  end  that 
when  his  neglect  and  contumacy  shall  be  established  by  reiterated  refusals,  an 
application  may  be  made  to  the  State  Superintendent  for  his  removal.  Per 
V.  M.  Rice,  Superintendent,  June  26,  1855. 


416  Teustees. 

It  is  the  clntj'of  the  tnistee?  to  employ  a  competent  teacher,  and  have  a  school  in  their  dis- 
trict at  least  six  months  (2S  weeksi^  in  a  year. 
Trustee  should  not  be  teachers. 

The  trustees  of  district  No.  8,  Preston,  Clienango  connty,  liad  for  a  long 
period  neglected  to  employ  a  teacher,  and  no  school  had  been  kept  in  the  dis- 
trict, except  for  a  few  days,  by  one  of  the  trustees.  They  were  requested, 
December  26,  1855,  by  all  the  taxable  inhabitants  of  the  district,  to  employ  a, 
teacher,  but  had  neglected  to  do  so. 

An  appeal  from  their  neglect  was  taken,  and  tliey  failed  to  make  a  legal 
answer. 

It  is  a  matter  of  course,  under  the  circumstances,  that  the  appeal  shall  be 
sustained,  and  the  trustees  required  to  proceed  without  delay  to  engage  a 
teacher  who  shall  be  in  possession  of  a  proper  certificate  of  qualification  before 
commencing  his  labors. 

It  is  proper  to  remark  that,  while  the  employment  of  a  trustee  as  teacher  is 
nowhere  prohibited,  and  his  assumption  of  the  task  of  instructing  the  school 
may,  under  some  circumstances,  be  highly  praiseworthy,  yet  the  practice  is  to 
be  discouraged.  The  fact  that  the  teacher  is  one  of  the  board  that  employs 
him  and  fixes  his  wages,  necessarily  gives  room  to  a  suspicion  that  he  may 
have  been  able  to  make  a  contract  more  advantageous  to  himself  and  less 
advantageous  to  the  district,  than  if  some  third  party  liad  been  employed. 
Those  who  represent  the  public  should  never  put  themselves  in  a  situation 
where  their  private  interests  may  conflict  with  those  of  their  constituents.  Per 
V.  M.  Rice,  March  18,  185G. 

The  trnstees  should  call  district  meetinfrs  when  requested  to  do  so  by  a  respectable  number 
of  inhabitants  for  a  legitimate  object. 

One  of  the  trustees  of  district  No.  19,  partly  in  Leicester  and  partly  in  Perry, 
resigned  his  office,  and  subsequently  united  with  fifteen  others  in  a  petition  to 
the  remaining  trustees  to  call  a  special  meeting  to  fill  the  vacancy,  and  to  trans- 
act such  other  business  as  might  be  deemed  necessary. 

The  trustees  declined  to  make  the  call,  on  the  ground  that  they  were  appre- 
hensive that  the  meeting,  if  called,  might  make  such  disposition  of  the  public 
money  as  would  interfere  with  previous  arrangements  and  prove  detrimental 
to  the  school  then  in  operation. 

The  filling  of  an  existing  vacancy  was  a  proper  and  legal  purpose,  and  the 
meeting,  if  called  within  thirty  days  after  the  hai)pening  of  tJK;  vacancy,  might 
have  elected  a  person.  Before  an  appeal  could  be  decided,  the  time  within 
which  the  inhabitants  can  be  called  together  will  have  expired,  and  the  vacancy 
must  be  filled  by  appointment.  The  trustees  have  no  right  to  conjecture  that 
a  meeting  will  adopt  measures  to  injure  the  school.  The  i)rinciple  cannot  be 
sanctioned  for  a  moment  that  the  trustees  may  refuse  to  call  a  meeting  of  the 
inhabitants,  upon  the  ground  that  the  latter  may  adopt  measures  at  variance 
with  the  views  of  the  former  as  to  the  interests  and  welfare  of  the  district. 
The  trustees  are  the  representatives  and  servants  of  the  district,  bound  to  carry 
out  and  obey  the  will  of  the  inhabitants,  when  legally  expressed,  and  not  war- 
rifnted  in  attempting,  in  any  manner,  to  thwart  their  wishes.  Per  Spencer, 
December  23,  1840. 

The  ofllcial  acts  of  two  trustees,  performed  without  notifying  or  consulting  the  other,  are 

illegal  and  void. 

At  a  district  meeting  held  in  district  No.  7,  Guilford,  Chenango  county,  Sep- 
tember 5,  1848,  a  resolution  was  passed  directing  the  school  to  be  kept  in  a 
room  near  Samuel  Godfrey's,  three  years  from  the  first  day  of  April  jireceding. 

It  api)ears  that  the  school-house  in  district  No.  7  was  burned  in  January, 
1847.  On  the  20th  of  Ftibruary,  1847,  a  meeting  was  held  in  the  district,  at 
which  a  site  for  a  school-house  was  designated.  This  meeting  was  adjourned 
to  the  twenty-seventh  of  the  same  month,  when  the  vote  establishing  the  site 
waa  rescinded.     Two  of  the  trustees  called  a  special  meeting,  to  be  held  on  the 


Trustees.  417 

IStli  of  September  1847,  without  notifying  or  consulting  the  other  trustee.  At 
this  meeting  a  tax  was  voted  to  pay  for  the  site  of  a  school-house,  without 
designating  the  same,  and  also  a  tax  to  build  a  school-house. 

The  two  trusteeri  made  out  a  tax  list,  dated  December  24, 1847.  and  delivered 
it  with  the  warrant  attached  to  the  collector,  on  the  fourth  of  January  follow- 
ing, more  than  three  months  after  the  tax  was  voted.  With  tlic  money  thus 
raised,  a  school-house  was  built  upon  the  site  selected  by  the  district,  on  tho 
twentieth  doy  of  February,  but  wliich  was  annulled  by  said  district  at  the 
adjourned  meeting  of  the  twenty-seventh  of  the  same  month. 

The  proceedings  in  raising  the  tax  and  building  the  school-house  cannot  be 
sustained.  Tlie  meeting  called  by  two  trustees  without  consulting  or  notify- 
ing the  other  trustee  was  illegal,  and  the  votes  of  that  meeting  were  void. 

It  is  therefore  decided  tliat  the  house  built  upon  the  site  not  established  by 
the  district,  and  with  a  tax  not  legally  raised,  is  not  the  school-house  of  the 
district,  and  tliat  the  vote  of  the  district  taken  at  the  meeting  of  the  5th  of 
September,  1848.  ordering  the  school  to  be  kept  "  in  the  room  near  Samuel 
Godfrey's,"  was  legal.     Per  Morgan,  November  16,  1848. 

When  a  trustee  is  unable  to  discharge  his  duty  as  such  tnistee,  by  reason  of  imprisonment, 
the  town  superintendent  (supervisor)  may  appoint  his  successor  after  the  expiration  oi 
thirty  days  from  the  time  of  such  imprisonment. 

The  fac:s  of  this  case  appear  to  be  as  follows : 

Some  three  or  four  months  previous  to  the  annual  meeting  for  the  choice 
of  district  orRcers,  one  of  tlie  trustees  for  district  No.  2,  of  the  town  of  Evans, 
county  of  Erie,  was  arrested  on  execution,  and  committed  to  the  jail  limits  of 
the  county,  where  he  has  since  been  and  still  is  confined. 

At  the  annual  meeting  of  the  district,  a  motion  was  made  to  elect  a  trustee 
in  the  place  of  the  individual  thus  imprisoned,  but  the  majority,  thinking 
there  was  no  vacancy  to  be  filled,  refused  to  elect,  and  subsequently  the  town 
superintendent  appointed  Chauncey  Stone  a  trustee,  in  the  place  of  Enos  Avery, 
the  former  incumbent. 

An  appeal  was  taken  to  the  county  superintendent  of  Erie  county,  who 
reversed  the  action  of  the  town  superintendent,  and  annulled  the  appointment. 

Section  71,  of  Common  School  Laws,  published  in  1844,  authorizes  tlie  town 
Buperintendent  to  appoint  any  person  residing  in  the  district  to  supply  any 
vacancy  occasioned  by  the  deatli  of  the  incumbent,  refusal  to  serve,  removal 
out  of  the  district  or  incapacity  of  any  officer,  when  the  vacancy  shall  not 
have  been  filled  by  a  district  meeting  within  one  month  after  the  same  shall 
occur  ;  and  the  only  question  now  presented  is,  had  either  of  these  contingen- 
cies happened  one  month  previous  to  tho  time;  tlu;  appointment  was  made  V 

It  would  not,  I  think,  do  to  hold  that  no  other  than  a  legal  incapacity  should 
operate  to  create  a  vacancy,  nor  will  it  do  to  say  that  a  refusal  to  serve  may 
not  bo  as  strongly  inferred  from  the  acts  of  an  incumbent  as  by  a  direct 
assertion  that  he  will  not  discharge  the  duties  of  liis  office. 

Mr.  Avery,  no  douljt,  is  an  inhabitant  of  the  district  in  every  legal  sense, 
yet  in  point  of  fact  he  is  actually  incai)acited  from  the  discharge  of  his  duties 
as  trustee,  by  reason  of  his  confinement  upon  the  jail  limits  out  of  his  town 
and  out  of  the  boundaries  of  his  district. 

Tlie  decision  of  the  county  superintendent  is  therefore  reversed,  and  that  of 
tho  town  superintendent  affirmed.     Per  N.  S.  Benton,  October  8,  184G. 

Trustees  have  the  power  to  call  6i)ecial  district  meetings  whenever  they  shall  deem  it  neces- 
sary and  proper,  even  though  a  meeting  for  the  same  purpose  stands  adjourned  for  a 
period  more  or  less  remote. 

Tills  is  an  appeal  taken  by  three  taxable  inhabitants  of  school  district  No. 
11,  in  the  town  of  Skaneateles,  Onondaga  county,  from  the  proceedings  of  the 
trustees  of  said  district,  in  relation  to  a  tax  levied  therein  by  the  order  of  a 
(fpocial  district  meeting.  The  a])pellants  state  that,  at  a  meeting  held  in  said 
district,  January  14,  1854,  yiermlssion  having  been  obtained  from  the  tf)wn 
BuperintcndcDt,  a  tax  of  $500  was  voted  for  the  purpose  of  building  an  addition 

53 


418  Trustees. 

to  the  scliool-liotise,  whicli  tax  was  duly  collected ;  ttat  tlie  work  was  let  to 
two  bidders,  for  $525,  without  consulting  the  district,  or  being  authorized  by  a 
special  meeting,  thus  exceeding  their  powers  ;  that,  at  the  annual  meeting,  the 
district  refused  to  vote  a  tax  for  the  additional  $25 ;  that  a  special  meeting 
was  called  for  the  purpose  of  voting  upon  such  tax,  and  held  on  the  18tli  of 
November,  1854  ;  which  meeting,  without  entertaining  the  proposition,  resolved, 
by  a  vote  of  nineteen  against  ten,  to  adjourn  twenty-five  weelvs  ;  that,  directly 
afterward,  the  trustees  called  another  special  meeting,  of  which  they  gave 
notice  themselves  (the  clerk  having  refused) ;  that  said  meeting  was  held  on 
the  25th  of  November,  and  by  a  vote  of  twenty-four  against  twenty-one  levied 
the  said  tax  of  $25  ;  that  said  meeting  was  held  in  the  afternoon,  contrary  to 
the  usual  custom  of  the  district,  and  at  a  time  when  a  previous  meeting,  called 
to  consider  this  very  question,  stood  adjourned. 

There  can  be  no  doubt  of  the  authority  of  the  trustees  of  school  districts  to 
call  special  meetings  whenever  they  shall  deem  it  necessary  and  proper. 

The  statute  declares  this  right  in  express  tenns,  without  regard  to  the  cir- 
cumstance that  a  meeting  is  already  called,  or  stands  adjourned  for  a  period 
more  or  less  remote.  It  is  not  difficult  to  imagine  cases  in  which  the  interests 
of  the  district  would  sustain  serious  damage,  if  it  was  necessary  to  defer  action 
till  a  period  fixed  by  a  previous  meeting.  Exigencies  often  arise,  imperatively 
requiring  that  the  inhabitants  of  a  school  district  assemble  within  the  shortest 
time  practicable,  and  of  these  the  trustees  are  to  be  the  judges. 

The  appeal  is  dismissed.     Per  V.  M.  Rice,  January  22,  1855. 

A  district  meetinp:  may  prescribe  the  terms  of  a  contract  for  bnllding  a  Bchool-house. 

The  trustees  of  district  No.  13,  in  the  town  of  Bethany,  refused  to  pay 
Daniel  R.  Prindle  the  sum  of  $72.50  upon  his  contract  for  building  a  school- 
house  :  First,  on  tlie  ground  that  they  had  not  executed  the  contract ;  and, 
second,  tliat  the  school-house  was  useless  to  the  district,  because  the  right  of 
way  to  it,  over  intervening  lands,  could  not  be  obtained. 

The  district  meeting  which  voted  the  tax  for  building  the  school-house  had 
prescribed  the  terms  of  the  contract,  and  the  same  was  drawn  up  at  the  time 
by  one  of  the  trustees,  and  signed  by  the  contractor.  The  trustees  were 
directed  to  superintend  the  erection  of  the  house  according  to  its  temis,  and  to 
fulfill  it  on  the  part  of  the  district.  Tlie  builder  fulfilled  his  part,  and  the 
trustees  recognized  the  contract  by  superintending  and  directing  the  work. 

The  trustees,  as  the  agents  and  servants  of  the  district,  are  the  proper  and 
indeed  only  persons  to  make  and  execute  bargains  and  contracts  on  the  part  of 
the  district.  But  the  meeting  was  competent  to  specify  the  terms  of  a  contract, 
and  in  tliis  case  did  so,  and  one  of  the  tru.stees  drew  it  according  to  the  terms 
prescribed.  The  contractor  executed  it  on  his  part,  and  performed  it.  The 
trustees,  by  recognizing  it  and  directing  the  work,  were  in  fact  parties  to  it, 
although  they  did  not  sign  it. 

The  remaining  objection  is  entirely  groundless.  The  contractor  for  building 
the  school-house  cannot  be  in  any  way  responsible  for  a  failure  of  title  to  the 
site,  or  a  right  of  way  to  it.  Tlie  question  of  title  and  right  of  way  is  between 
the  distri(-t  and  tlie  grantors  or  owners  of  the  land. 

Having  collected  the  tax  of  $72.50  levied  to  pay  for  the  house,  they  are 
legally  and  equitably  bound  to  pay  over  the  proceeds  to  the  contractor.  Per 
Young,  February  3,  1843. 

The  trustees  of  a  district  arc  the  only  legal  authority  by  which  the  vote  of  a  distritt  can  be 
carried  into  e.xecution. 

At  a  special  meeting  held  in  district  No.  2,  Centreville,  Allegany  county, 
Novemlx-r  4,  1848,  it  was  voted  to  cliange  the  site  of  the  school-house,  by  a 
majority  of  votes.     The  district  l)eing  an  altered  one,  this  vote  was  sufficient. 

The  site  selected  is  situated  at  tlio  (^xtrcme  southern  part  of  the  district/ 
making  tlie  distance  whicli  cliildren  residing  in  the  extreme  northern  part  of 
the  district  would  be  compelled  to  travel  about  four  miles. 


Tkustees.  419 

Tlae  inhabitants  authorized  Mr.  Asa  Robbins  to  superintend  the  removal  of 
the  house,  without  beinj?  associated  Avitli  the  trustees. 

The  trustees  forbade  .Mr.  Robbins  to  move  the  house  from  tlie  old  site.  Ho, 
however,  disrcirardinjif  their  remonstrance,  located  it  upon  the  new  site. 

The  trustees  of  a  district  are  the  only  legal  authority  by  which  the  votes  of 
the  district  can  bo  carried  into  execution.  And  althoufjfh  the  inlialjitants  at  a 
district  meeting  may  direct  that  the  trustees  shall  contract  with  a  certain 
person  to  perform  certain  work,  and  that  such  person  shall  be  associated  with 
the  trustees  in  such  work,  they  cannot  authorize  sucli  person  to  do  any  act,  nor 
can  the  district  contract  with  him,  except  throujrh  the  trustees. 

The  vote  directing  Mr.  Robbins  to  superintend  the  removal  of  the  school- 
house  without  the  intervention  of  tlie  trustees  was  therefore  ilhigal,  and  Mr. 
Robbins  became  a  trespasser,  after  being  forbidden  by  the  trustees  to  move  the 
school-house.    Per  Morgan,  February  3,  1849. 

Where  a  buildins:  committee,  in  concert  with  the  trustees,  are  investerl  with  di'crotionary 
power,  bj'  resohition  of  a  district,  and  have  entered  upon  tlie  execution  of  tlieir  trust,  by 
mailing  contracts  for  materials,  etc.,  the  district  cannot  control  or  interfere  with  their 
plans. 

This  is  an  appeal  from  the  proceedings  of  a  building  committee  appointed 
to  take  charge  of  building  a  new  school-house,  and  from  the  refusal  of  the 
trustees  to  call  a  special  meeting  for  the  purpose  of  comparing  drafts  and 
models  of  architecture  and  adopting  the  best  plan  for  building  a  school-house, 
wood-house  and  other  fixtures  belonging  to  the  same. 

In  reply  to  the  appeal,  the  trustees  and  building  committee  allege  that,  on 
or  about  the  8th  day  of  March  last,  at  a  special  meeting  called  for  the  purpose, 
the  district  voted  to  build  a  new  brick  school-house,  twenty  by  twenty-five  and 
a  half  feet ;  that  Benjamin  Wright  and  others  then  submitted  their  plans  and 
drafts  for  building  said  house,  which  were  voted  down  by  the  meeting.  A 
vote  was  then  passed,  giving  the  trustees  and  building  committee  discretionary 
power  in  regard  to  building  and  furnishing  said  house  in  the  best  and  cheapest 
manner,  according  to  the  size  above  mentioned. 

They  further  allege  that,  in  pursuance  of  such  vote,  they  went  on  and  pur- 
chased brick  and  materials  and  entered  into  a  contract  for  laying  the  brick 
and  stone,  and  lathing  and  plastering  the  interior  of  the  building,  and  pro- 
cured  window  frames  and  doors,  and  sash,  with  glass  set,  and  that  the  walla 
of  the  house  were  now  up  and  the  roof  nearly  completed. 

Under  such  circumstances,  the  Superintendent  is  of  the  opinion  tliat  it  is 
now  too  late  to  interfere  with  the  proceedings  of  the  building  committee.  The 
district  might  have  restricted  their  powers,  by  a  vote  for  that  purpose,  when 
they  were  ajipointed,  but,  having  failed  to  do  so,  and  having  invested  them 
with  a  discretion  in  the  discharge  of  their  duties,  there  is  notliing  in  the  case 
which  calls  for  the  interposition  of  this  department.  Per  H.  S.  Randall, 
May  19,  1852. 

When  a  site  has  been  designated  and  a  tax  raised  for  building  a  school- 
house,  a  building  committee  may  be  appointed  by  the  meeting.  But  contracts 
are  to  be  made  and  money  to  be  paid  out  by  tlie  trustees,  and  the  building 
committee  must  be  regarded  as  the  agents  of  the  trustees,  to  carry  out  the 
direction  of  the  meeting.  As  agents  of  the  trustees,  the  latter  will  be  respon- 
sible for  the  fulfillment  of  their  contracts  up  to  the  amount  of  the  tax.  Per 
Spencer,  June  19,  1841. 

The  election  of  a  trustee  at  an  adjourned  meeting  valid. 

If  a  trustee  renders  his  annual  account  to  an  adjourned  annual  mcclinj^,  he  will  not  bO 
removed  because  it  is  unsatisfactory. 

Mr.  Isaac  Tracy,  one  of  the  trustees  of  district  No.  5,  Allen,  Allegany  countj, 
omitted  to  make  his  annual  report  to  the  annual  meeting,  October  1,  1855,  but 
claims  that  one  was  submitted  and  made  by  the  clerk  at  an  adjourned  meeting, 
October  second. 


420  Trustees. 

One  of  the  trustees  elected  at  the  first  meeting  refused  to  serve,  and  at  the 
adjourned  meeting  another  was  elected  to  fill  the  vacancy. 

Mr.  Tracy  will  not  be  removed  because  his  account  was  not  satisfactory.  He 
is  liable  to  a  suit  hereafter  for  any  money  that  can  be  shown  by  that  account, 
or  otherwise,  to  have  come  into  his  hands,  and  which  he  cannot  prove  to  have 
been  legally  expended  or  paid  to  a  colleague  or  successor  authorized  to  receive 
it.  If,  on  the  other  hand,  he  entirely  failed  to  render  any  account,  he  is  liable 
to  a  penalty  of  twenty-five  dollars,  in  addition  to  a  judgment  for  any  moneys 
proved  to  be  in  his  hands. 

The  election  of  a  trustee  on  the  second  day  of  October  must  be  held  to  have 
been  valid  and  regular.  Admitting  that  the  meeting  the  previous  evening 
adjourned  for  the  sole  purpose  of  having  the  annual  account  of  the  trustees 
submitted,  the  adjourned  meeting  was  nevertheless  competent  to  fill  any 
vacancy  which  might  then  exist  in  district  olRces.  Such  a  vacancy  was  created 
by  the 'refusal  of  Mr.  Lincoln  to  serve.  Per  E.  P.  Smith,  Deputy  Superintend- 
ent, May  31,  1856. 

The  Superintenclent  has  power  to  remove  a  trustee  from  office,  for  corruption  or  intentional 
neglect  of  official  duties,  or  for  willful  disobedieuce  of  the  orders  of  the  department. 

On  the  20th  of  December  last,  the  trustees  in  district  No.  6,  in  the  town  of 
Somers,  were  directed  and  required  by  an  order  of  this  department,  within  ten 
days  from  the  service  upon  them  of  such  order,  to  execute  a  certain  tax  list 
and  warrant,  made  out  by  Jacob  G.  Purdy,  one  of  the  trustees,  for  the  collec- 
tion of  the  amount  voted  at  a  special  meeting  held  in  said  district  on  the  27th 
of  September  last,  for  building  a  school-house  and  out-bitildings,  and  fencing 
the  site,  deducting  therefrom  the  sum  of  $8.50,  the  balance  remaining  in  the 
hands  of  said  trustees,  on  the  sale  of  the  house  belonging  to  said  district. 

A  copy  of  this  order  was  served  upon  the  two  trustees,  who  refused  to  sign 
the  tax  list  and  warrant  on  the  25th  of  December.  On  the  2d  day  of  January 
the  trustees  met  by  previous  appointment.  The  tax  list  was  produced,  and  the 
$8.50  above  named  deducted  therefrom,  when  the  two  trustees  for  the  first 
time  interposed  an  objection  that  a  certain  piece  of  land  was  inchtded  in  the 
tax  list  which  was  not  taxable  in  the  district,  and  insisted  upon  its  deduction, 
altliough  no  legal  claim  to  that  eff'ect  had  been  made  by  the  owner  or  occupant 
of  the  land  within  the  time  prescribed  by  law.  On  the  ensuing  day,  the  trus- 
tees had  another  meeting,  but  Carpenter  and  Ferris  still  declined,  on  various 
pretenses,  signing  the  tax  list,  and  have,  up  to  the  present  period,  refused  or 
neglected  to  carry  into  effect  tlie  order  of  the  department. 

This  refusal  is  sought  to  be  justified  by  them  upon  several  grounds,  among 
which  the  most  important  are  that  Purdy  refused  to  make  the  necessary  cor- 
rection of  the  tax  list,  and  also  to  account  to  his  colleagues  for  certain  pecu- 
niary transactions  of  the  district.  Neither  of  these  excuses  can  be  received. 
If  there  were  any  error  in  the  tax  list,  as  presented  to  them  for  signature,  it 
•was  clearly  within  their  power,  as  the  majority  of  the  trustees,  to  have  made 
the  requisite  correction  in  the  mode  prescribed  by  law.  Whatever  may  have 
been  the  conduct  of  Mr.  Purdy,  it  constituted  no  sufficient  grounds  for  a  refusal 
on  their  part  to  comply  with  an  express  order  of  this  department.  Tiiey  liavo 
manifested  a  detennination  to  resist  the  explicit  direction  of  the  Superintendent 
in  the  premises,  and  to  evade  the  performance  of  their  duties  as  trustees.  In 
pursuance,  therefore,  of  the  authority  vested  in  mo  by  chap.  382,  section  15  of 
the  Laws  of  1849, 1  do  hereby  remove  the  said  Carpenter  and  Ferris  from  office 
as  trustees  of  district  No.  6  "in  the  town  of  Somers.  Per  Morgan,  January  28, 
1851. 

The  State  Superintendent  will,  on  proper  nppli'-ation,  remove  a  trustee  for  unwarrantable 
nci,'lect  of  official  duty. 

Elisha  Bedell,  one  of  the  trustees  of  school  district  No.  1,  in  the  town  of 
Hempstead,  is  charged  with  a  willful  disturbance  and  interruption  of  the 


Trustees.  421 

Bcliool  tauj^ht  by  Mary  Augusta  Brown,  in  said  district.  Mr.  Van  Cott,  another 
of  tlio  trustees,  is  charofod  with  a  refusal  to  unite  witli  one  of  his  colleagues 
in  prusccutin;j;-  for  sucli  otFcnse,  in  accordance  Avith  the  statute. 

It  is  in  I'vidence  tliat  Mr.  Bedell  went  to  the  school-room,  and  in  the  presence 
of  the  scholars  used  angry  and  abusive  language  to  the  teacher,  openly  counter- 
manded her  orders  in  conducting  the  school,  and  caused  tlie  school  to  be 
thrown  into  disorder,  and  that  both  teacher  and  pujjils  were  much  frightened 
by  his  language  and  threatening  manner,  and  for  some  time  after  she  was 
unable  to  ])roceed  with  tlie  school. 

The  evidence  is  confirmed  by  the  report  of  a  committee  of  ten  appointed  by 
the  inhabitants  of  the  district,  at  the  annual  meeting,  to  visit  and  examine  the 
school,  who,  in  concluding  their  statement,  observe  that  they  "  were  com- 
pelled to  the  opinion  that  ilr.  Bedell  has  thereby  disqualified  himself  for  the 
office  of  trustee,  and  that  it  is  evidently  for  the  welfare  of  the  school  that  he 
should  forthwith  resign  his  office." 

This  array  of  evidence  is  met  only  by  a  general  and  unsatisfactory  denial 
by  Mr.  Bedell. 

There  can  be  no  doubt,  in  the  opinion  of  the  Superintendent,  from  evidence, 
that  Mr.  Bedell  has  been  guilty  of  a  gross  and  unjustifiable  violation  of  law 
and  neglect  of  official  duty.  The  same  conduct  in  an  individual  not  otiicially 
connected  with  the  school  would  unquestionably  have  incurred  the  penalty 
prescribed  by  law;  and  it  certainly  does  not  mitigate  the  offense,  nor  change  its 
nature,  that  it  was  committed  by  an  officer  specially  charged  with  the  preser- 
vation of  quiet  and  order  in  the  school,  and  with  the  protection  and  guardian- 
ship of  its  interests. 

The  act  of  1845,  to  prevent  disturbances  in  schools,  above  referred  to,  makes 
it  the  special  duty  of  the  trustees  of  any  school  district  in  which  any  such 
offense  shall  be  committed,  to  prosecute  such  offender,  before  any  officer  having 
cognizance  of  such  offimse.  Mr.  Van  Cott,  one  of  the  two  remaining  trustees, 
liaving  been  called  upon  for  the  performance  of  this  duty,  positively  refused 
to  c«)mply  with  said  request,  and  still  refuses  so  to  do.  This  is  clearly  an 
unwarrantable  neglect  of  official  duty,  for  which  no  dcifense  is  interposed ; 
and  the  said  Elisha  Bedell  and  Nicholas  Van  Cott  are  hereby  removed  from 
office  as  trustees  of  said  district.     Per  Morgan,  July,  1851. 


When  a  town  superintendent  (supervisor)  connives  with  a  tmstee  to  procure  his  resigna- 
tion, and  conceals  it  fVom  tht:  district,  so  that  the  inhaliitant.-^  cannot  electa  successor 
witliin  thirty  days  after  the  resitjnation,  and  the  town  superintendent  then  makes  the 
appointment,  the  department  will  set  the  appointment  aside  and  order  a  new  election. 

Mr.  Johnson,  a  trustee  in  district  No.  4,  Florence,  proffered  his  resignation 
of  office  to  the  superintendent,  which  was  accepted.  This  was  done  secretly, 
and  obviously  with  the  intention  that  the  district  should  be  vinacquainted  with 
it  until  after  the  expiration  of  thirty  days,  when  the  town  sujierintendeut  could 
aiijjoint  a  successor.  It  is  stated  that  the  town  superintendent  gave  one  of 
the  trustees  notice  of  the  resignation,  but  it  is  clearly  shown,  and  is  not  denied 
by  the  town  su]icrintendent,  tluit  this  was  dom;  with  a  vi(;w  of  seeming  to 
fulfill,  rather  than  to  carry  out  the  meaning  of  tin;  law,  and  allow  the  district 
to  elect  a  successor,  since  this  trustee  was  very  cautious  about  letting  any  one 
know  it. 

The  district  not  being  permitted  to  choose  the  trustee,  the  town  superintend- 
ent made  the  appointment  tin;  day  bisibre  the  expiration  of  the  thirty  days. 
This  department  cannot  suffix  a  district  to  l)e  imposed  u])on  or  deprived  of  any 
privileges  by  the  management  of  officers  or  the  intri'.ruc!  of  individuals.  It  is 
therefore  ordered  that  tlu;  appointment  of  trustee  nuide  by  the  town  superin- 
tendent of  Florence,  to  supply  the  vacancy  occasioned  by  the  resignation  of  Mr. 
Johnson,  as  trustee  of  district  No.  4,  in  said  town,  be  set  aside,  and  that  the 
trustees  of  said  district  call  a  special  meeting  of  the  inhabitants  to  fill  the 
vacancy.     Per  Morgan,  February,  1849. 


422  Trustees. 

A  trustee  will  be  removed  from  office  where  it  appears  that  he  persistently  refuses  to  assist 
hibj  associates  in  making  out  a  tax  list  ordered  by  a  district  meeting. 

On  the  petition  of  two  of  the  trustees  of  a  district  for  the  removal  of  the 
third,  on  the  ground  of  his  refusal  to  unite  with  them  in  making  out  a  tax  list 
and  warrant  as  directed  by  a  vote  of  the  district,  the  defense  of  the  third 
trustee  is,  that  acting  under  legal  ad\ice  and  counsel,  he  has  refused  to  act 
with  the  petitioners  as  trustee  in  making  out  the  tax  list  aforesaid,  for  the 
reason  that  all  the  proceedings  of  the  meeting  relative  thereto  were  illegal  and 
void. 

But  it  appears,  on  evidence  that,  on  an  appeal  from  the  proceedings  of  such 
meeting,  this  department  had  declared  the  proceedings,  including  the  vote  to 
levy  said  tax,  legal  and  valid.  It  further  appears  that,  when  the  petitioners 
had  made  certain  corrections  in  the  tax  list  suggested  by  this  third  trustee,  he 
still  refused  to  sign  the  tax  list  as  amended,  and  that  he  steadily  refused  to 
meet  with  the  petitioners  at  any  future  time  to  make  out  a  new  tax  list,  or 
have  any  thing  to  do  witli  it.  It  is  therefore  plain,  that  his  motives  were  to 
defeat  and  avoid  the  making  out  of  the  tax  list  as  voted  by  tlie  district,  and 
confirmed  by  this  department.  It  is  ob^^ously  the  right  and  jirivilege  of  every 
man  to  take  legal  advice,  as  well  in  relation  to  public  and  official  duties  as  to 
his  pi-ivate  and  personal  affairs.  But  no  man  is  suffered  to  interpose  the  plea 
of  this  privilege  as  a  protection  from  the  consequences  of  error  or  wrong  doing 
in  public  or  private  concerns.  When,  therefore,  under  the  advice  of  legal 
counsel,  a  school  officer  neglects  or  refuses  to  regard  the  direction  of  the  dis- 
trict and  the  decisions  of  this  department  formally  rendered  and  clearly 
announced,  wiien  the  free  action  of  the  other  district  officers  is  obstructed,  dis- 
sension perpetuated,  dithculties  and  embarrassments  multiplied,  and  all  educa- 
tional interests  sacrificed,  it  ceases  to  be  a  question  of  honesty  of  purpose  on 
the  part  of  the  offender,  and  he  must  be  visited  with  the  severest  penalty  which 
Buch  action  incurs — removal  from  office.  Per  H.  H.  Van  Dyck,  Superintendent, 
January  30,  1858. 

What  will  justify  the  removal  of  trustees. 

Whenever  this  department  finds,  in  the  action  of  trustees,  only  a  stubborn 
determination  to  follow  out  their  own  purposes,  regardless  of  the  legal  or 
equitable  rights  of  teachers,  and  of  the  wishes  and  interests  of  the  inhabitants 
of  the  district,  whereby  serious  injury  has  been  sustained,  and  must  yet  be 
sustained  if  their  policy  is  pursued  longer,  it  will  immediately  direct  their 
removal  from  the  ollice  whose  trust  they  have  violated.  Per  H.  H.  Van  Dyck, 
Buperintendent,  July  15,  1858. 

A  irusiee  win  not  be  removed  for  rofusin;;  to  concur  with  his  associates  in  their  policy  in 
the  management  of  district  aflairs,  nor  for  supporting  a  private  school. 

On  a  petition  for  the  removal  from  office  of  one  of  the  trustees  of  the  district, 
on  account  of  his  refusal  to  concur  with  his  associates  in  regard  to  certain 
measures  of  district  policy,  and  also  upon  the  ground  of  liis  having  contributed 
to  the  sup]iort  of  a  i)rivate  scliool,  it  was  lield.  that,  although  he  may  have  been 
in  error  relative  to  the  justice  and  legality  of  the  policy,  still  his  refusal  to  act 
with  the  other  trustees,  dictated  by  his  convictions  of  right,  is  not  sucli  contu- 
macy as  deuiands  jumishmcnt.  It  is  impossible  to  control  the  opinions  of  men  ; 
we  must  be  content  to  overrule  tliem  where  they  are  wrong.  In  the  present 
case,  the  majority  of  the  trustees  have  the  power  to  overrule  the  opinions  of 
the  other,  and  that  is  all  that  the  case  requires. 

Nor,  is  the  fact  of  his  contributing  to  the  support  of  a  private  school  any  just 
ground  for  nMuoving  him  from  the  office  of  trustee.  It  is  the  privilege  of  every 
man  to  send  liis  children  and  contribute  to  the  support  of  such  school  as  ho 
regards  best  for  his  own  and  his  children's  interest.  The  fact  of  his  being  a 
trustee  does  not  (lej)rive  him  of  any  right  in  the  premises.  Per  E.  W.  Keyes, 
Deputy  Superintendent,  June  28,  1858. 


Trustees.  423 

Petition  for  the  removal  of  a  trustee  for  not  a^reeinp:  with  his  associates,  and /or  using  rude 
and  uncourteous  language  toward  them,  denied. 

On  the  petition  of  two  of  the  trustees  askinf;  for  the  removal  from  office  of 
the  third  trustee,  it  appears  that  the  third  trustee  refuses  to  co-operate  with 
his  associates  in  matters  relatinji  to  the  administration  of  school  affairs,  and 
that  his  language  toward  them  is  rude  and  uncourteous. 

Concerning  the  disagreement  of  Mr.  Simp.son  with  his  associates,  they  are 
the  majority  and  can  control,  and  it  was  never  intended  that  this  department 
should  have  power  to  make  men  agree,  nor  to  punish  them  for  disagreeing. 

In  regard  to  the  incivility  of  the  third  trustee  toward  his  associates,  the  dis- 
trict is  supposed  to  know  whether  or  not  those  whom  they  elect  to  office  have 
sufficient  culture  and  refinement,  sufficient  dignity  and  purity  of  character, 
properly  to  adorn  the  office  to  which  they  are  elected ;  and  if  they  see  lit  to 
elect  one  who  is  rude,  vulgar  and  coarse  in  his  language,  tliis  department  ^vill 
not  and  cannot  interfere.    Per  H.  11.  Van  Dyck,  Superintendent,  March  2, 1859. 

Petition  for  the  removal  of  a  trustee  for  not  agreeincr  with  his  associates,  and  for  not  being 
a  suitable  person  for  the  office,  denied. 

On  the  petition  of  certain  of  the  inhabitants,  asking  for  the  removal  from 
office  of  one  of  the  trustees,  the  petitioners  allege  that  he  is  not  a  siutable 
person  to  hold  the  office,  and  also  that  he  has  displayed  a  factious  opposition  to 
the  wishes  of  the  district,  and  refuses  to  co-operate  with  his  associates  in  carry- 
ing forward  certain  measures  that  a  majority  of  the  district  wish  to  see 
enforced. 

In  regard  to  the  first  allegation,  it  is  sufficient  to  answer  that  the  inhabitants 
elected  the  trustee  with  a  full  knowledge  of  his  character  and  responsibility, 
and  of  the  powers  and  duties  of  the  office. 

In  regard  to  the  second  allegation,  the  trustee  whose  removal  is  requested  is 
in  the  minority,  and  his  associates  can  control  the  action  of  the  board  ;  hence 
no  necessitv  for  his  removal  appears.  Per  H.  II.  Van  Dyck,  Superintendent, 
March  21,  i859. 

A  trustee  will  not  be  removed  because  he  differs  from  his  associates  in  opinion. 

This  is  a  petition  for  the  removal  from  office  of  one  of  the  trustees  of  the 
district. 

The  petition  does  not  set  forth  such  facts  and  circumstances  as  will  justify 
the  department  in  taking  the  action  sought. 

The  facts  proved,  in  the  main,  are  a  difference  of  opinion  between  the 
trustee  whose  removal  is  sought  and  his  associates.  However  much  the 
department  might  differ  with  the  said  trustee  upon  the  points  in  controversy, 
it  does  not  justify  his  removal  on  the  ground  of  that  difference  of  opinion.  Per 
H.  H.  Van  Dyck]  Superintendent,  February  14,  1861. 

Where  the  trustees  contracted  with  a  man  to  build  a  school-house,  and  afterward  con- 
tractiid  with  another,  who  built  the  house :  held,  that  the  remedy  of  the  first  contractor 
is  at  law,  and  not  on  an  I'ppcal  to  this  department. 

On  an  appeal  from  the  proceedings  of  two  of  the  trustees,  it  appears  that 
they  entered  into  a  contract  with  one  McPherson  to  build  a  school-house,  as 
authorized  by  the  district,  and  that  afterward  they  permitted  one  Barber  to 
build  the  hoitse. 

The  course  of  the  trustees  appears  to  be  marked  by  strange  inconsistencies, 
but  I  do  not  see  that  these  come  within  the  purview  of  this  department.  The 
remedy  of  Mr.  McPherson  is  at  law,  and  not  through  tliis  dei>artment.  The 
a])pellants  do  not  sjiecify  any  particular  remedy  whicli  tlioy  wish  to  have 
applied,  and,  from  their  statement  of  the  case,  it  is  not  such  an  one  as  \vill 
enable  this  department  to  afford  the  parties  any  relief.  The  appeal  must 
therefore  be  dismissed.  Per  H.  H.  Van  Dyck,  Superintendent,  February  3, 
18G0. 


424  Tkustees. 

Trusteea  will  not  be  required  to  let  the  bnildinff  of  a  school-honse  to  the  lowest  bidder, 
unless  so  instructed  by  a  vote  of  the  inhabitants. 

By  a  vote  of  tlie  inhabitants  at  a  meeting  duly  convened,  the  trustees  were 
directed  to  build  a  new  school-house.  They  accordingly  gave  notice  that  they 
would  receive  proposals  lor  building  a  house  of  given  dimensions.  The  appel- 
lant put  in  a  bid  at  $340.  Other  bids  were  put  in,  among  them  one  by  Mr. 
Davis  at  $350,  which  was  accepted  by  the  trustees.  The  appellant  asks  that 
the  award  be  set  aside,  it  not  being  given  to  the  lowest  bidder. 

Had  the  district  directed  the  trustees  to  let  the  contract  for  building  the  house 
to  the  lowest  bidder,,  there  would  appear  on  the  pai't  of  the  trustees  a  depart- 
ure from  the  authority  with  which  they  were  vested,  which  would  demand 
interference.  But  such  is  not  the  case,  the  trustees  being  left  free  to  make 
such  contract  as  they  might  deem  most  advantageous  to  the  district.  Nor  did 
the  notice  which  they  gave  place  them  under  any  obligation  to  the  appellant 
in  consideration  of  his  bid  being  lower  than  that  of  any  other.  They  were  left 
free  to  make  the  award  as  they  should  deem  most  advantageous.  It  devolves 
upon  the  appellant  to  show  either  a  legal  claim  by  virtue  of  the  notice  given, 
or  that  the  district  is  likely  to  suffer  injury  from  the  action  of  the  trustees. 
Per  H.  H.  Van  Dyck,  Superintendent,  January  30,  1860. 

Trustees  may  employ  a  person  to  do  the  merely  clerical  work  of  computina;  and  writing  out 
the  tax  list,  they  making  the  comparisons  with  the  assessment  roll,  and  fixing  valuations 
of  property  not  on  the  roll. 

On  an  appeal  from  the  acts  of  two  trustees  in  making  out  a  tax  list,  the  only 
ground  of  complaint  is  that  the  trustees  affixed  their  warrant  to  a  tax  list 
made  out  by  a  third  party. 

If  this  charge  were  sustained  in  all  particulai's,  it  would  certainly  invalidate 
the  tax  list.  But  the  statenaents  of  the  trustees  establish  that  the  list  was 
examined  by  them,  and  found  to  be  correct.  This  comparison  of  the  list  with 
the  assessment  roll,  and  pronouncing  it  correct  according  thereto,  is  essentially 
the  exercise  of  judgment  which  devolves  upon  the  trustees.  The  writing  it 
down  is  but  a  clerical  act  which  they  may  employ  any  one  to  perform. 

The  tax  list  being,  therefofe,  essentially  the  work  of  the  trustees,  as  the 
result  of  their  judgment  on  examination  and  comi)arisou,  1  must  hold  it  to  be 
a  legal  instrument.     Per  II.  H.  Van  Dyck,  Superintendent,  March  31,  1858. 

Where  the  action  of  trustees  is  appealed  from  on  the  grounds  of  illecrality,  the  illegality 
must  be  proved  as  alleged.  Until  it  is,  the  action  of  the  trustees  will  be  presumed  to 
have  been  legal. 

The  appellant  avers  that  the  trustees  followed  the  assessment  rolls  of  1856 
in  making  out  the  tax  list  instead  of  the  rolls  of  1857.  The  point  to  be  deter- 
mined is,  did  the  trustees  follow  the  last  assessment  roll  of  the  town  ?  Upon 
this  question  the  appellants  produce  no  evidence.  It  devolves  upon  the  appel- 
lants to  show  affirmatively  that  the  assessment  rolls  used  by  the  trustees  were 
not  the  last  assessment  rolls  of  the  town  in  which  their  district  lies.  Failing 
to  do  this,  as  they  do,  it  will  be  presumed  that  the  action  of  the  trustees  was 
regular  and  legal. 

The  appeal  must  therefore  be  dismissed,  upon  the  ground  that  the  appellants 
fail  to  make  out  a  case  of  illegality  against  the  trustees.  Per  H.  H.  Van 
Dyck,  Superintendent,  December  11,  1857. 

A  trustee  cannot  bo  permitted  to  avail  himself  of  his  ofTicial  position  to  adjust  the  amount 
of  compensation  for  fuel  hirnishcd  by  him  to  the  district. 

A  trustee  had  furnished  a  certain  amount  of  fuel  for  district  purposes,  in 
accordance  with  a  resolution  of  the  district.  He  afterward  makes  out  a  tax 
list  for  his  compensation,  which  he  calls  upon  his  colleagues  to  sign,  and  which 
they  reluso  to  do,  alleging  that  the  wood  so  furnished  has  never  been  measured, 
and  that  an  exorbitant  price  is  charged  for  it. 


Teustees.  425 

ffeld,  that  it  was  proper  that  the  fuel  should  be  paid  for  by  ta^,  and  that  tho 
amount  t'ouiul  duo  the  trustee  should  thus  be  paid.  But  the  trustee  cannot 
avail  himself  of  liis  position  as  trustee  to  adjust  the  amount  of  his  own  com- 
pensation, or  to  exercise  any  intluence  in  adjustino-  it  by  liis  own  vote.  This 
accords  with  the  well  established  doctrine  that  a  person  assuming  to  deal  in 
behalf  of  the  public  and  dealing  with  liimself  cannot  be  allowed  to  make  any 
profit.  Equity  re(iuires,  therefore,  tliat  the  i)rice  of  the  wood  thus  furnished  by 
the  trustee  sliould  be  cut  down  to  the  lowest  possible  rate  for  which  it  might 
have  been  furnished.     Per  II.  11.  Van  Dyck,  Superintendent,  July  31,  1857. 

A  ffcncral  vote  of  a  raeetinc:  in  favor  of  a  peaceful  adjustment  of  protracted  controversies 
aiul  lawsuits  does  not  coiifer  upon  the  trustees  power  to  levy  a  tax  for  the  purpose  of 
paying  any  and  all  claims  that  may  have  arisen  in  consequence  of  such  controversies. 

On  an  appeal  from  a  tax  list  and  warrant  made  and  issued  by  the  trustees 
it  appears  that  tlie  district  has  been  engaged  in  controversies  in  the  progress 
of  whicli  suits  have  been  prosecuted  by  and  against  the  trustees,  costs  and 
expenses  incurred  and  taxes  levied,  payment  of  which  has  been  refused.  At 
a.  special  meeting  for  the  purpose  of  deliberating  concerning  the  pending 
actions,  controversies  and  suits,  the  sentiment  and  expressions  of  tlie  meeting 
were  unanimously  in  favor  of  a  peaceful  settlement  of  existing  controversies, 
and  resolutions  favorable  to  such  settlement  were  adopted.  The  trustees  have 
interpreted  these  resolutions  as  giving  them  absolute  power  to  settle  and  adjust 
the  pending  controversies,  withdraw  and  compromise  suits,  adjust  outstanding 
claims,  and  to  levy  a  tax  to  pay  all  demands  and  expenses  thus  created  and 
incurred.  In  the  exercise  of  this  authority  they  have  levied  the  tax  from 
which  this  appeal  is  brought. 

The  fact  is  apparent  and  clear  to  my  mind  that  the  action  of  the  meet- 
ing referred  to  did  not  invest  the  trustees  with  the  exercise  of  the  powers 
assumed.  A  genei'al  and  indefinite  vote,  favorable  to  the  peaceful  solution  of 
difficulties,  hardly  justifies  an  indiscriminate  settlement  of  suits  and  doubtful 
claims,  and  the  levy  of  a  tax  of  nearly  four  hundred  dollars  to  complete  the 
settlement.  I  must  hold  that  the  trustees  have  very  greatly  exceeded  any 
authority  that  I  can  find  conferred  upon  them.  They  are  acting  without 
requisite  authority.     Per  E.  W.  Kej-es,  Acting  Superintendent,  May  16,  1861. 

An  agreement  in  writinij  between  a  trustee  and  a  contractor  to  build  a  school-house  must 
have  an  internal  revenue  stamp  affixed  in  order  to  be  valid. 

An  agreement  was  entered  into  between  the  trustee  and  a  contractor,  under 
the  authority  of  a  district  meeting,  to  build  a  new  school-house  for  $900.  The 
contract  was  made  and  signed  on  the  7th  day  of  May,  and  placed  in  the  hands 
of  a  tliird  party  for  safe  keeping.  A  revenue  stamp,  as  required  by  tin;  act  of 
Congress,  was  procured  and  handed  to  tho  person  having  the  contract  in 
custody,  but  the  sauK;  was  not  attached  until  after  the  meeting  of  the  district 
that  evening,  at  which  meeting  a  resolution  was  passed  rescinding  the  authority 
given  to  the  trustee  for  contracting  for  a  new  school-house. 

The  trustee  claims  that,  the  contract  not  having  been  stamped  before  tho 
meeting  took  sucli  action,  the  question  had  not  passed  bej'ond  the  jurisdiction 
of  the  meeting. 

In  this  conclusion  the  trustee  is  correct.  The  contract  was  not  completed 
or  binding  npim  either  party  until  the  law  of  Congress,  wliich  under  the 
Constitution  of  the  United  States  is  supreme,  had  been  complied  with.  Per 
V.  M.  Rice,  Superintendent,  July  7,  1864. 

A  person  elected  as  a  librarian  of  a  school  district  ennnot  be  displaced  except  by  a  direct 
proceihu-c  on  the  part  of  ^fome  competent  legal  authority,  on  information  in  tho  iiature  of 
guo  ivarriinto,  or  on  appeal  from  the  election,  evo))  though  the  incumbent  be  an  infant. 

Tliis  was  an  ajipeal  originally  brought  to  the  county  superintendent  of  Sara- 
toga from  the  refusal  of  the  trustees  to  deliver  over  to  the  charge  of  the  appel- 
lant the  library  of  the  district,  he  having  been  chosen  unanimously  as  librarian 

6i 


426  Union  School  Districts. 

at  the  annual  meeting  of  the  district  on  the  first  Monday  in  October  last.  In 
their  answer  to  the  appeal,  tlie  trustees  place  their  I'el'usal  upon  the  {rround 
that  the  appellant  is  a  minor,  and  could  not,  therefore,  execute  a  valid  bond 
for  the  preservation  and  safe  keeping  of  the  books  belonging  to  the  district 
library.  The  county  superintendent  very  properly  ovei-ruled  this  defense, 
holding  that  the  appellant,  though  ineligible,  must  be  recognized  as  the  libra- 
rian d(i  facto  of  the  district,  so  far  as  the  public  and  third  persons  are  con- 
cerned, and  that  his  right  to  the  office  could  not  be  tried  in  this  indirect  way. 
No  principle  of  law  is  better  settled  than  that  the  actual  incumbent  of  an  office, 
holding  under  color  of  a  legal  election  or  appointment,  can  be  displaced  only 
by  a  direct  procedure  on  the  part  of  some  competent  legal  authority  on  informa- 
tion in  the  nature  of  a  quo  'warranto  or  otherwise  ;  and  that  his  acts,  so  far  as 
the  i)ublic  are  concerned,  will  be  recognized  as  valid  and  legal  to  all  intentfj 
and  purposes  while  he  continues  to  execute  the  office  under  claim  of  title.  la 
this  case,  the  appellant  was  unanimously  elected  librarian  of  the  district,  not- 
withstanding his  admitted  ineligibility,  and  it  does  not  rest  with  the  trustees 
to  deprive  him  of  the  office  in  this  indirect  mode.  They  might  have  appealed 
fi"om  such  election,  placing  their  appeal  expressly  upon  the  ground  of  liis  ineli- 
gibility, and  the  county  superintendent  might  have  set  aside  the  election  and 
ordered  a  new  meeting  to  fill  the  vacancy.  But,  not  having  resorted  to  this 
remedy,  they  cannot  refuse  to  deliver  over  to  him  the  library  of  the  district  on 
the  ground  of  such  ineligibility ;  nor  are  they  warranted  in  assuming  that  the 
property  of  the  district  will  be  unsafe  in  his  hands,  on  the  ground  of  Ids  want 
of  responsibility.  They  may  remove  him  from  office  whenever  he  willfully  dis- 
obeys their  directions  in  any  matter  relative  to  the  preservation  of  the  books 
and  appurtenances  of  the  library,  or  for  any  willful  neglect  of  duty,  etc.,  etc. 
But  they  cannot  refuse  to  recognize  him  as  the  legally  elected  librarian  of  the 
district. 

They  are,  therefore,  hereby  directed  to  deliver  the  library  of  the  district  into 
his  hands,  and  the  decision  of  the  county  superintendent  is  hereby  affirmed. 
Per  Young,  January  29,  1845. 


UNION  SCHOOL  DISTRICTS. 

Trustees  have  no  right  to  refuse  to  call  a  special  meeting  for  the  puqwse  of 
considering  the  question  of  organizing  a  union  free  school,  when  requested  by 
fifteen  legal  voters  of  the  district  to  call  sucli  meeting.  Per  V.  M,  Rice,  Super- 
intendent, March  21,  18GG.  {Letters,  vol.  5,  p.  222.) 

The  notice  of  a  meeting  to  organize  a  union  free  scliool  need  not  recite  the  namns  of  the 

petitioners. 
If  the  notice  contain  irrelevant  matter,  it  will  be  regarded  as  surplusage. 

A  special  meeting  was  held,  pursuant  to  notice,  on  the  13th  of  July,  1867, 
for  the  purpose  of  determining  whctlier  a  union  free  school  with  an  academic 
department  should  be  organized  therein,  which  question  was  decided  in  the 
affirmative  by  the  requisite  naajority. 

The  appellants  object  to  said  proceedings,  and  ask  to  have  them  set  aside 
for  the  following  reasons  : 

1.  Because  the  names  of  the  persons  signing  the  original  call  are  not  affixed 
to  the  trustees'  notice. 

2.  Because  the  notice  includes,  as  part  of  the  object  of  the  meeting,  the  estab- 
lishment of  an  academical  department. 

3.  On  account  of  the  alleged  refusal  of  the  chairman  of  said  meeting  to 
entertain  certain  motions  offered  by  the  minority. 

4.  On  account  of  the  reception  of  the  vote  of  one  Charles  Iliely,  who,  it  is 
alleged,  is  not  a  legal  voter. 


Union  School  Districts.  427 

In  answer  to  the  first  cliarf^e  made  by  tlie  appellant,  it  is  sufficient  to  say 
that  the  law  does  not  retjuiro  trustees,  in  their  notice  of  a  metinof  to  decide 
whether  a  union  free  school  shall  be  organized,  to  recite  the  names  of  tho 
Bi<jrners  of  the  orl;j^inal  call.  {See  sec.  1,  title  I),  Ge.ierat  School  Ad.) 

The  insertion  in  the  notice  of  the  words  "with  tho  academical  departiuent 
attached"  is  simply  sur[)l usage.  That  was  a  matter  over  which  tlic  meeting 
could  obtain  no  jurisdiction,  whatever  was  stated  in  the  notice.  Such  a  depart- 
ment may  l)e  organized  in  a  union  free  school  district  whenever,  in  the  opinion 
of  the  board  of  education,  it  shall  be  necessary.  The  action  of  said  meeting 
upon  this  subject  can  be  of  no  binding  force  upon  the  board  of  education,  nor 
does  such  action  invalidate  the  other  proceedings  of  the  meeting. 

The  testimony  submitted  in  support  of  the  third  charge  does  not  show  that 
the  chairman  exceeded  his  powers,  or  abused  t!ie  discretion  ordinarily  ri;posed 
in  a  presiding  oflicer  in  any  material  point.  Tlie  appellants  complain  that, 
after  a  vote  had  been  taken  upon  the  question  of  holding  open  tiie  polls  for 
fifteen  minutes,  and  a  division  of  the  house  called  for,  the  chairman  refused  to 
order  such  division.  It  appears,  however,  that  such  division  was  not  called 
for  until  the  motion  had  been  declared  carried,  and  that  thus,  according  to 
parliamentary  usage,  the  chairman  was  right  in  refusing  to  order  the  division. 
So,  too,  complaint  is  made  that  votes  were  received  after  the  polls  were  closed, 
or,  rather,  after  the  lists  had  been  twice  called  over.  But  these  votes  having 
been  received  before  the  result  was  announced,  the  appellants  cannot  complain 
that  they  wtire  illegally  received. 

In  regard  to  Charles  Kiely,  the  appellants  claim  that  he  was  disqualified 
from  voting  because,  during  the  late  war,  he  shirked  the  draft  by  absconding 
to  Canada.  Such  conduct  ought,  in  the  opinion  of  the  Superintendent,  to 
disqualify  a  man  from  exercising  any  of  the  privileges  of  citizenship,  but  I 
am  not  aware  of  any  statute  in  force  in  this  State  by  which  eitlier  deserters, 
shirks  or  rebels  are  disfranchised.  It  further  appears  that  after  Riely  was 
challenged,  his  vote  was  not  accepted  until  he  had  made  the  declaration 
required  by  law.  The  proceedings  of  said  meeting  seem  to  have  been  con- 
ducted ^v^th  as  much  regularity  and  order  as  is  usual  in  meetings  of  that 
character,  and  I  must  decline  to  interfere  for  the  ])urpose  of  setting  them 
aside.    The  appeal  is  hereby  dismissed.     Per  V.  M.  llice,  September  7,  1867. 

The  notice  of  a  meeting  to  form  a  union  free  school  district  must  state  the  qualiflcatious  of 

voters,  as  required  by  law. 
The  trustees  of  a  union  free  school  district  must  he  elected  by  ballot. 

It  appears  that  the  meeting  decided  to  organize  a  union  free  school,  and  that 
the  voters  proceeded  to  elect  Wm.  P.  Delamater,  James  H.  Elmendorf,  and 
James  Robisou,  as  trustees  of  said  union  free  school  district,  but  that  they  did 
not  elect  said  trustees  by  ballot.  The  appellants  ask  to  have  the  ])roceedlng3 
of  said  meeting  declared  void  and  set  aside  on  the  following  grounds  :  First, 
because  the  notices  were  not  made  in  accordance  with  law,  the  (nullifications 
of  voters  not  being  therein  stated,  as  required  by  section  1  of  title  !)  of  tho 
general  scliool  act  of  18G4.  Second,  because  the  trustees  were  not  elected  by 
ballot,  as  required  by  section  5  of  the  same  title  and  act.  These  points  are 
well  taken  by  the  appellants,  and  are  sufficient  to  sustain  tho  appeal.  Much 
as  the  Superintendent  desires  to  encourage  the  formation  of  union  free  schools, 
anxious  as  he  is  to  sustain  trustees  and  inhabitants  in  such  effv)rts,  he  cannot 
go  outside  of  the  law  to  organize  them.  The  provisions  of  law  in  regard  to 
tlui  organization  of  sucli  schools  are  ])laln  and  easily  understood,  and,  unless 
they  are  observed  by  trustees  and  inhabitants,  those  individuals  will  have  had 
their  labor  in  vain.  The  proceedings  of  said  special  meeting  are  hereby 
declared  void.  Nothing  contained  in  this  decision  should  be  construed  as 
preventing  or  prohibiting  the  trustees  of  said  district  from  calling  another 
special  meeting  of  the  inhabitants  of  the  said  district,  at  any  time,  for  tho 
purpose  of  determining  whether  a  union  free  school  shall  be  established 
therein.     Per  V.  M.  llice.  May  21,  18GG. 


428  Union  School  Disteicts. 

A  meeting,  though  dnly  called,  cannot  acquire  jurisdiction  of  the  question  of  forming  a  union 
free  school,  wheu  less  than  one-third  of  the  legal  voters  of  the  district  are  present. 

It  is  only  at  a  meeting  called  as  directed  by  the  statute,  where  at  least  one- 
third  of  the  legal  voters  are  present,  that  the  question  of  orgauizing  a  union 
free  school  can  be  considered. 

Where  a  question  of  jurisdiction  is  raised,  the  facts  establishing  jurisdiction 
must  be  produced.    Per  E.  W.  Keyes,  DejDuty  Superintendent,  May  15,  1863. 

Where  less  than  one-third  of  the  voters  of  the  district  is  present  at  a  special  meeting,  the 
meeting  cannot  take  action  iu  the  matter  of  organizing  a  union  free  school. 

This  is  an  appeal  from  the  proceedings  of  a  special  district  meeting  called  for 
the  purpose  of  organizing  a  union  free  school. 

I  consider  it  to  be  conclusively  established  by  the  testimony  that  less  than 
one-third  of  the  legal  voters  of  the  district  Avas  present  at  the  meeting  ^yhen 
the  question  upon  the  formation  of  a  union  free  school  was  considered  aud 
acted  upon.  Less  than  one-third  of  the  inhabitants  could  not  acquire  jurisdic- 
tion of  the  question ;  hence,  the  action  of  that  meeting  must  be  regarded  as 
wholly  void.     Per  E.  W.  Keyes,  Acting  Superintendent,  January  1,  1862. 

In  a  meeting  called  to  organize  a  union  free  school  district,  it  requires  an  affirmative  vote 
of  two-thirds  of  those  present  and  voting  in  order  to  establish  such  district. 

The  meetings  from  the  proceedings  of  which  this  appeal  is  brought  were  ' 
held  on  the  21st  and  2;3d  of  November,  1866,  for  the  purpose  of  determining 
whether  said  district  should  be  organized  as  a  union  free  school  district,  under 
the  provisions  of  title  9,  of  the  general  school  act  of  1864.  The  vote  on  the 
main  question  was  taken  at  the  meeting  held  on  the  21st  of  November.  The 
appellants  and  others  moved  that  the  vote  on  the  main  question  be  taken  by 
ballot,  or  by  taking  and  recording  the  ayes  and  noes,  but  these  propositions 
were  voted  down  by  said  meeting,  and  the  vote  on  the  main  question  was 
taken  viva  voce,  and  declared  by  the  chairman  to  have  been  in  favor  of  the 
establishment  of  such  union  free  school.  The  meeting  then  proceeded  to 
transact  certain  other  business,  and  then  adjourned  to  the  23d  of  November. 
The  meeting  of  the  23d  simply  ratified  the  proceedings  of  the  former  meeting, 
and  then  adjourned  sine  die. 

These  appellants,  believing  that  less  than  two-thirds  of  the  voters  present 
voted  in  favor  of  the  establishment  of  such  union  free  school,  bring  this  appeal, 
claiming  that  it  is  irregular  and  illegal  to  vote  on  the  question  of  organizing  a 
free  school  otherwise  than  by  ballot,  or  by  ayes  and  noes.  They  also  swear  that, 
to  the  best  of  their  knowledge  and  belief,  less  than  two-thirds  of  the  voters 
present  and  voting  at  said  meeting,  held  on  tlie  21st  instant,  voted'  in  favor  of 
establishing  such  free  school.  As  the  law  requires  a  two-thirds  vote  of  the 
persons  present  and  voting  at  any  such  meeting,  as  a  prerequisite  to  organiza- 
tion under  the  free  school  act,  it  is  but  fair  to  infer  that  the  intent  of  the  law 
is  that  the  vote  shall  be  taken  in  such  manner  that  the  ])recise  number  of 
voters  for  and  against  the  proposition  may  be  known.  While  it  is  not  necessa- 
rily fatal  to  the  i)roceedings  of  a  free  school  meeting  to  have  the  vote  on  the 
main  question  taken  viva  voce,  still,  it  throws  the  burden  of  proof  ujion  those 
claiming  that  a  free  school  has  been  organized  luider  such  vote,  and  they  must 
show  bv  conclusive  evidence,  if  an  appeal  be  taken  from  the  proceedings,  that 
at  least  two-thirds  of  those  present  and  voting  at  such  meeting  voted  to  adopt 
the  free  school  organization.  This  is  what  the  respondents  have  attemjited  to 
do  in  the  y)resent  case.  They  have  procured,  and  submit  in  evidence,  the  affi- 
davits of  fifty-five  persons,  who  swear  that  they  are  legal  voters  in  said  district, 
that  they  were  present  at  the  meeting  held  therein  on  the  21st  of  November, 
as  aforesaid,  and  that  they  voted  to  adopt  the  union  free  school  organization. 
One  of  the  fifty-five,  Michael  Conley,  subsequently  d(!nies  his  alfidavit,  made  aa 
above  stated,  and  swears  that  he  did  not  vote  in  favor  of  the  free  school  organ- 
ization.    The  respondents  also  submit  the  affidavits  of  several  voters  who  were 


Union  School  Distkicts.  429 

not  present  at  said  nieetinof,  but  who  testify  that  if  they  had  been  present  they 
should  have  voted  to  adopt  the  free  school  oro^anization.  These  last  atKdavits 
cannot  affect  the  case  in  any  way,  because  the  question  is  not  how  certain  )ier- 
Bons  might  have  voted  had  they  been  present,  but :  "  IIow  did  those  vote  who 
were  present?"  It  apjiears,  then,  that  fifty-four  persons  voted  to  adopt  the  free 
school  organization.  Now,  the  appellants  submit  the  affidavits  of  thirty-seven 
persons,  who  swear  that  they  are  legal  voters  in  said  district,  that  they  were 
present  at  said  meeting,  and  that  they  voted  against  the  union  free  school 
organization.  Thus,  from  all  the  testimony  submitted,  it  appears  that  ninety- 
one  votes  were  cast  at  said  meeting,  of  which  fifty-four  were  in  favor  of  adopt- 
ing the  fcee  school  organization,  and  thirty-seven  against  the  same.  Less  than 
two-thirds  of  those  voting  on  the  question  having  voted  to  adopt  the  free 
school  organization,  a  free  school  was  not  legally  organized  in  said  district, 
and  the  action  of  the  chairman  in  declaring  the  district  a  free  school  district  ia 
hereby  declared  void,  and  is  set  aside.     Per  V.  M.  Rice,  February  19,  18G7. 

The  trustees  of  a  union  free  school  districts  are  the  legal  successors  of  the 
trustees  of  the  several  districts  consolidated,  and,  of  course,  are  entitled  to 
receive  the  several  moneys  apportioned  on  account  of  those  districts.  Per 
E.  W.  Keyes,  Deputy  Superintendent,  April  10,  1865.  {Letters,  vol.  4,  p.  28.) 

A  "union  free  school  district"  is  not  entitled  to  elect  a  district  clerk  in  addi- 
tion to  the  board  of  education.  Per  S.  D.  Barr,  Deputy  Superintendent,  Sep- 
tember 27,  1865.  {Letters,  vol.  4,  p.  276.) 

A  union  free  school  district  which  has  once  determined  upon  the  number  of 
trustees  constituting  the  board  of  education  has  no  power  to  increase  or 
diminish  the  number.  Per  S.  D.  Barr,  Deputy  Superintendent,  November  24, 
186G.  {Letters,  vol.  5,  p.  707.) 

In  union  free  school  districts,  the  clerk  of  the  board  is  the  district  clerk,  and 
as  such  is  the  proper  person  to  give  notice  of  special  meetings  of  the  voters. 
Per  S.  D.  Barr,  Deputy  Superintendent,  May  11,  18G6.  {Letters,  vol.  5,  p.  377.) 

The  board  of  education  of  a  union  free  school  must  make  to  the  school  com- 
missioner the  same  kind  of  a  report  as  is  required  of  trustees.  Per  S.  D.  Barr, 
Deputy  Superintendent,  October  9,  1865.  {Letters,  vol.  4,  p.  295.) 

Board  of  education  of  union  free  school  district?  can  at  any  time  appoint  a  new  treasurer 

or  collector. 

By  examining  section  7  of  the  union  free  School  Law  of  1864,  you  will  find 
that  the  treasurer  and  collector  of  union  free  school  districts  hold  their  offices 
during  the  pleasure  of  the  board  of  education.  Hence,  the  board  can  at  any 
time  appoint  a  new  treasurer  or  collector.  In  case  of  an  appointment  the 
board  should  by  resolution  direct  the  clerk  to  give  the  fornuT  incumbent 
notice  that  a  person  has  been  anpointed  to  succeed  him  in  the  office,  and  require 
him  to  turn  over  to  his  successor  all  papers,  funds  and  other  matters  connected 
with  the  office.  Per  S.  D.  Barr,  Deputy  Superintendent,  May  11, 1866.  {Letters, 
vol.  5,  p.  380.) 

Treasurer  and  collector  of  union  free  school  district  cannot  be  a  member  of  board  of 

education. 

It  is  not  legal  for  the  board  of  education  to  appoint  a  member  thereof 
treasurer  of  the  board.  The  treasurer  of  tlie  board  and  collector  must  each 
execute  and  deliver  to  the  board  a  bond  conditioned  for  the  faithful  discharge 
of  the  duties  of  his  office.  Tiie  law  contemplates  a  treasurer  and  collector 
separate  and  distinct  from  the  board.  It  miglit  become  necessary  for  the 
board  to  sue  the  treasurer  or  collector.  He,  being  a  member  of  the  board, 
could  not  unite  with  them  in  suing  himself  Per  S.  D.  Barr,  Deputy  Superin- 
tendent,  October  13,  1865.  {Letters,  vol.  4,  p.  334.) 


430  Union  School  Disteicts. 

Union  frne  Fchool  districts  not  limited  in  tlie  amount  tliey  can  raise  for  tlie  hnilding  of 
school-honscs,  nor  need  they  obtain  consent  of  supervisoi  wliere  more  than  $1,000  is  to 
be  raised  lor  that  purpose. 

Union  free  school  districts  are  not  limited  as  to  the  amount  they  can  raise 
for  the  purpose  of  building  school-houses,  nor  is  it  necessary  to  obtain  tlie 
consent  of  the  school  commissioner  where  an  amount  exceeding  $1,000  is  to 
be  raised.  Section  18  of  title  7  states  the  general  rule  only,  and  is  therefore 
limited  by  section  10  of  title  9,  which  gives  a  special  rule  for  certain  specified 
districts.    Per  V.  M.  Rice,  Superintendent,  October  3,  1866.  {Letters,  vol.  5,  p.  604.) 

Board  of  education  of  union  free  school  districts  has  no  power  to  levy  a  tax  for  payment 
of  teachers'  wages,  without  vote  of  district  authorizing  it,  except  an  estimate  of  needful 
amount  for  this  purpose  has  been  presented  by  the  board  at  some  annual  or  special 
meeting,  and  inhabitants  neglected  or  refused  to  vote  said  tax. 

The  "  board  of  education  "  of  a  union  free  school  district  have  no  power  to 
levy  a  tax  for  the  payment  of  teachers'  wages  Avithout  a  vote  of  the  district 
authorizing  it,  except  where  an  estimate  of  the  amount  necessary  for  this 
purpose  has  been  presented  by  the  board  to  some  annual  or  special  meeting 
and  the  inhaljitants  have  refused  or  neglected  to  vote  said  tax.  {See  sections  15, 
16  and  17,  title  9.  chapttr  555,  Lmus  of  1864.)  Per  S.  D.  Barr,  Deputy  Superin- 
tendent, November  18,  1865.  {Letters,  vol.  4,  p.  521.) 

Boards  of  education  of  union  free  school  districts  have  no  power  to  fix  a  difterent  time  for 
annual  meetings  than  what  the  law  has  appointed.    Meetings  held  on  other  days  illegal. 

As  the  law  has  fixed  the  time  for  annual  meetings  of  boards  of  education  of 
union  free  school  districts,  these  boards  have  no  power  to  prescribe  a  different 
time.  Tlie  Superintendent  is  of  the  opinion  tliat  the  proceedings  of  an  annual 
meeting  held  on  the  second  Wednesday  of  October  would  be  held  invalid.  A 
new  meeting  should  be  held  on  or  after  the  third  Tuesday  of  October,  at  which 
the  regular  business  of  the  annual  meeting  should  be  transacted.  Per  V.  M. 
Rice,  Superintendent.  {Letters,  vol.  5,  p.  650.) 

A  tlva  voce  vote  to  raise  a  tax  for  building  in  a  union  free  school  district  is  legal  and  bind- 
ing upon  inhabitants.  Union  free  school  districts  may  raise  any  necessary  sum  for  build- 
ing without  cousent  of  supervisors.  New  building  must  be  erected  upon  site  now  owned 
and  occupied  by  district,  unless  inhabitants  direct  oihcrwise.  Board  must  not  sell  or 
tear  down  old  house  without  consent  of  inhabitants,  nor  must  they  fence  school  lot,  or 
Bupply  house  with  school  furniture,  without  directions  from  inhabitants. 

By  virtue  of  section  10  of  the  free  school  act,  your  district  had  power  to  vote 
such  sum  as  the  inhabitants  deemed  necessary  for  the  purpose  of  building  a 
new  school-house,  and  the  same  section  gives  the  inhabitants  power  to  direct 
that  the  tax  voted  by  them  shall  be  raised  by  installments  without  restricting 
them,  as  in  the  case  of  districts  under  the  general  act,  to  a  vote  "  to  be 
ascertained  by  taking  and  recording  the  ayes  and  noes."  The  Superintendent 
ie  of  the  opinion,  therefore,  that  a  viva  voce  vote  to  raise  a  tax  for  building  in  a 
union  free  school  district  is  legal  and  binding  upon  the  inhabitants. 

2.  Union  free  school  districts  have  power  to  raise  any  sum  which  the  inhab- 
itants may  deem  necessary  for  building  purposes,  without  obtaining  the  con- 
Bent  of  the  school  commissioner  in  whose;  district  they  are  situated. 

3.  A  taxable  inhabitant  is  one  who  is  liable  to  be  assessed,  whether  he  ia 
actually  taxed  or  not. 

4.  Unless  otherwise  specially  directed  by  the  inhabitants,  the  board  of  educa- 
tion must  cause  the  new  building  to  be  erected  (m  the  site  now  owned  and 
occupied  by  the  district. 

5.  The  board  have  no  right  to  sell  or  tear  down  the  old  school-house,  unless 
BO  spf'ciiilly  directed  by  tin;  inhabitants. 

6.  Where  the  inhabitants  have  conferred  upon  the  board  the  simple  power  to 
build  a  new  house  for  the  district,  the  Superintcuident  is  of  the  opinion  that  the 
board  cannot  safely  jirocet^cd  to  fence  the  school  lot,  or  supply  the  house  with 
ordinary  Bchool  furniture,  without  farther  action  on  the  part  of  the  inhabitanta. 


TTnion  School  Distkicts.  431 

Thoy  ir.ay  seat  the  house,  or  furnish  teachers'  desks,  etc.,  because  those  articles 
are  fixtures,  and  form  properly  a  part  of  tlie  house  ;  but  more  than  this  tlio 
Superintendent  would  not  advise  them  to  do  unless  authorized  by  the  inhab- 
itants.   Per  V.  M.  Rice,  Superintendent,  October  24,  186-1.  {Letters,  vol.  5,  p.  053.) 

A  pupil  may  be  expelled  from  the  school  by  order  of  the  board  of  education 
for  immoral  conduct  or  persistent  disobedience. 

Tho  board  has  the  right  to  prescribe  the  course  of  study  and  the  text-books. 

The  board  has  the  further  right  to  require  regular  and  prompt  attendance 
on  the  part  of  the  pupils.  Per  V.  M.  liice.  Superintendent,  January  22,  1866. 
{Letters,  vol.  5,  p.  94.) 

Free  school  districts  cannot  return  to  the  old  system. 

After  it  has  been  decided  at  a  regularly  called  meeting,  legally  held  by  the 
district,  to  establish  a  union  free  school  in  such  district,  it  is  not  in  the  power 
of  the  inhabitants  to  return  to  the  old  system ;  and  any  resolution  to  that  etiect 
passed  at  any  subsequent  meeting  of  the  district  would  be  simjjly  null  and 
void.     Per  V.  M.  Rice,  Superintendent,  April  12,  1806.  {Letters,  vol.  5,  p.  297.) 

Board  of  education  of  a  union  free  school  district  cannot  appoint  as  treasurer  or  collector 
'a  person  who  is  not  a  taxable  inhabitant  of  the  district;  but  if  the  one  appointed  col- 
Jector  possesses  personal  property  valued  at  fifty  dollars,  exclusive  of  such  as  is  by  law 
exempt  from  levy  and  sale  on  execution,  he  is  a  taxable  inhabitant. 

It  is  not  in  the  power  of  the  board  of  education  of  a  union  free  school  district 
to  appoint  as  treasurer  or  collector  a  person  who  is  not  a  taxable  inhabitant 
of  the  district ;  but  if  the  person  appointed  collector  possesses  personal  property 
of  the  value  of  fifty  dollars,  exclusive  of  such  as  is  by  law  exempt  from  levy 
and  sale  on  execution,  he  is  a  taxable  inhabitant  within  the  meaning  of  the 
act.  It  is  not  conclusive  evidence  that  he  is  not  a  taxable  inhabitant  because 
his  name  does  not  appear  on  tho  assessment  roll  of  the  town.  Per  V.  M.  Rice, 
Superintendent,  November  20,  1865.  {Letters,  vol.  4,  p.  534.) 

The  trustees  of  a  union  free  school  district  elected  at  the  first  meeting  enter  npon  their 
office  forthwith,  and  hold  office  until  one,  two  or  three  years  from  the  second  Tuesday  of 
October  coincident  with  or  following  their  election. 

The  trustees  of  union  freg  school  districts  may  and  should  enter  upon  their 
duties  immediately  after  tlioir  election,  and  they  hold  their  office  until  one,  two 
and  three  years  "  from  the  second  Tuesday  of  October  coincident  witli  or  fol- 
lowing their  election."  Among  other  things,  it  is  the  purpose  of  section  five 
to  make  provision  :  First,  for  tlie  term  of  otiicc  of  trustees  elected  in  and  for 
union  free  school  districts,  a;  the  annual  meeting  on  the  second  Tuesday  of 
October.  Those  elected  at  such  time  hold  their  ofiice  by  virtue  of  their  elec- 
tion. Second,  for  the  term  of  office  of  those  who  shall  be  elected  when  the 
district  shall  be  formijd  ])rior  to  tho  second  Tuesday  of  October,  the  time  of 
holding  the  annual  meeting.  These  hold  their  office,  by  virtue  of  their  elec- 
tion, until  the  second  Tuesday  in  the  next  following  October,  and  one,  two  and 
three  years  thereafter,  according  to  the  class  to  which  by  the  action  of  tho 
meeting  tliey  may  have  been  assigned.  You  will  not  fail  to  perceive  that,  after 
the  first  organization  of  union  free  school  districts  other  than  those  whose 
limits  correspond  with  those  of  any  city  or  incorporated  village,  the  term  of 
office  of  trustees  expires  on  the  day  of  the  annual  meeting,  and  that,  after  the 
first  annual  meeting,  no  class  hold  office  by  virtue  of  their  election  for  more 
than  one,  two  or  three  years.  Per  V.  M.  Rice,  Superintendent,  December  21, 
1805.  {Letters,  vol.  4,  p.  713.) 


432  Vacancy. 

VACANCY. 

A  person  elected  at  the  same  time  clerk  and  trustee,  and  accepting  the  oflSce 
of  trustee,  vacates  the  clerkship,  and  a  new  clerk  must  be  elected  or  appointed 
in  his  place.     Per  Spencer,  May  22,  1839. 

A  trustee  cannot  be  librarian. 

A  librarian  is  subject  to  the  direction  of  the  trustees  and  responsible  to  them. 
There  is  an  incongruity  in  a  man  being  subject  and  responsible  to  himself. 
There  is  the  same  incompatibility  between  the  offices  of  librarian  and  trustee 
as  collector  and  trustee.     Per  Spencer,  November  25,  1839. 

District  oflBcers  cease  to  be  such  when  set  off  from  an  old  district  to  a  new  one. 

If  a  new  district  (15)  was  erected  out  of  No.  2,  and  No.  2  was  not  declared  a 
new  district,  it  is  in  law  the  same  district,  although  its  territory  may  be  dimin- 
ished ;  and  the  trustees  and  officers  in  office  at  the  time  of  the  division,  and 
residing  in  No.  2,  will  continue  such  during  the  year  for  which  they  were 
elected.  But  such  of  them  as  reside  in  district  No.  15  and  do  not  change  their 
residence  to  No.  2  cease  to  be  officers  of  No.  2,  by  virtue  of  the  provision  of  the 
statute  which  declares,  in  reference  to  a  local  officer,  that  a  vacancy  is  created 
by  an  incumbent  ceasing  to  be  an  inhabitant  of  the  district  for  which  he  was 
appointed.    Per  Spencer,  May  15,  1839. 

Where  a  town  superintendent  (supervisor)  decides  that  a  vacancy  exists  in  the  office  of 
trustee,  ho  should  wait  one  month  after  announcing  his  decision  before  assuming  to  fill 
the  vacancy. 

This  is  an  appeal  from  a  decision  and  order  of  the  town  superintendent  of 
Beekmautown,  on  the  22d  day  of  November  last,  deciding  that  there  were  two 
vacancies  in  the  office  of  trustee  in  said  district,  and  appointing  two  persons  to 
fill  such  vacancies. 

From  a  careful  examination  of  the  papers,  I  am  satisfied  that  the  town  super- 
intendent was  correct  in  deciding  that  the  vacancies  existed  ;  but,  the  district 
being  one  lying  partly  in  two  diffi^rent  towns,  it  required  the  action  of  the 
town  superintendents  of  both  towns  to  fill  the  vacancies  by  appointment. 
(By  section  30,  article  7,  chapter  555,  Laws  of  1864,  the  vacancy  may  be  filled 
by  the  supei'visor  of  the  town  in  which  the  school-house  is  situated.)  The 
appointments  which  were  made  were  therefore  void,  although  the  town  super- 
intendent, in  proceeding  to  fill  the  vacancies,  may  have  acted  in  perfect  good 
faith. 

But,  even  if  he  had  the  right  to  fill  the  vacancy,  I  am  of  opinion  that  he 
should  have  waited  one  month  after  announcing  his  decision  that  the  office 
Avas  vacant,  in  order  that  the  inhabitants  might  have  an  opportunity  to  supply 
the  vacancies  if  they  desired  to  do  so. 

Therefore,  it  is  hereby  declared  that  the  appointments  so  as  aforesaid  made 
were  and  are  irregular  and  void,  and  the  clerk  of  said  district  is  hereby  ordered, 
within  ten  days  after  he  receives  this  order,  to  call  a  spcx'ial  meeting  for  the 
purpose  of  filling  the  vacancies  whicli  exist  in  the  office  of  trustee  in  said  dis- 
trict.    Per  II.  S.  Randall,  March  20, 1852. 

A  member  of  a  board  of  education  elected  to  and  accepting  the  office  of 
supervisor  vacates  his  office  as  member  of  such  board.  The  remaining  mem- 
bers of  the  board  have  power  to  fill  the  vacancy  until  the  next  annual  meeting. 

Until  such  a])i)ointment  is  made  the  remaining  members  of  tlie  Ijoard  liavo 
full  ])ower  to  act  on  all  matters,  and  their  contracts  with  teachers  for  any  term 
whatsoever  are  valid.     Per  E.  W.  Keyes,  March  9,  18G5.  {LuUera,  vol.  3,  p.  G80.) 


Voters.  433 

A  legal  appoiutmcnt  by  the  Fnpcrvipor,  of  a  trustee  to  till  a  vacancy,  cannot  be  ?ct  aside  by 
tills  department,  nor  be  superseded  by  au  election. 

On  an  appeal  from  the  action  of  the  supervisor,  in  appointing  a  person  to  fill 
a  vacancy  in  the  ollice  of  trustee,  the  facts  are  as  follows :  A  vacancy  had 
occurred  in  the  office  of  trust{;e,  and  a  special  meetinsf  was  called,  after  some 
delay,  for  the  purpose  of  filling  it.  Meantime,  however,  the  supervisor  had 
appointed  a  pers;)n  to  fill  the  vacancy,  and  an  appeal  from  his  action  is  there- 
upon brought  to  this  department. 

This  proceeding  on  tlie  part  of  the  supervisor  was  strictly  legal,  and,  in  the 
absence  of  all  evidence  showing  fraud  or  collusion,  it  cannot  be  set  aside.  The 
request  that  this  de()artment  direct  the  calling  of  a  new  meeting  for  the  pur- 
p'Ose  of  electing  a  trustee  cannot  bo  granted.  The  person  appointed  by  the 
supervisor  to  till  the  vacancy,  holding  his  office  by  legal  and  valid  api)oint- 
ment,  cannot  be  superseded  by  the  action  of  a  district  meeting.  Per  E.  W. 
Keyes,  Deputy  Superintendent,  May  6,  1859. 

Appointment  of  trustee  by  supervisor  to  fill  vacancy  is  not  for  the  balance  of  unexpired 
term,  bui  only  till  next  annual  meeting. 

An  appointment  of  trustee  by  the  supervisor,  to  fill  vacancy,  is  not  for  the 
balance  of  the  imexpired  term,  but  only  till  the  next  annual  meeting.  If  the 
vacancy  is  filled  by  a  district  meeting,  the  rule  is  different.  A  resident  of 
the  district,  and  legal  voter  at  town  meetings,  may  or  may  not  be  qualified  to 
vote  at  school  meetings.  The  qualifications  of  voters  at  school  meetings  are 
very  clearly  set  forth  in  section  12,  title  7,  chapter  555,  Laws  of  1864.  Per 
V.  M.  Kice,  Superintendent,  October  15,  1806.  {LMers,  vol.  5,  p.  63S ) 

An  incapacity  existing  at  the  time  of  the  election  of  trustees,  which  the  voters  have  dis- 
reirarded,  must  be  judicially  declared  by  this  department,  before  a  vacancy  is  created 
that  will  authorize  a  new  election. 

Where  one  of  the  trustees  elected  at  a  district  meeting  was  an  alien  by 
birth,  and  had  never  filed  in  the  office  of  the  Secretary  of  State  an  affidavit  of 
having  taken  the  incipient  steps  to  be  naturalized,  necessary  to  enable  him  to 
hold  real  estate,  it  was  held  tliat  he  was  not  entitled  to  vote  at  a  school  district 
meeting,  and  tliat,  upon  the  general  principle  that  no  person  is  qvuilified  to 
hold  an  office  who  is  not  himself  entitled  to  vote,  his  election  as  trustee  was 
void.  But  the  proceedings  of  a  subsequent  special  meeting  of  the  district, 
assuming  lo  decide  that  ho  was  ineligible,  displacing  him,  and  electing 
anotlier  person  in  his  place,  Avere  totally  unauthorized,  and  such  election  was 
illegal  and  void.  A  district  meeting  can  only  elect  in  case  of  a  vacancy  caused 
by  death,  removal,  or  incapacity  occurring  after  the  election  of  the  officer.  An 
incapacity  existing  at  the  time  of  the  election,  and  which  the  voters  choso 
to  disregard,  mu.st  be  judicially  declared  by  this  department  or  some  other 
legal  tribunal,  upon  direct  proceedings  for  that  purpose,  before  a  vacancy  can 
be  created  authorizing  a  new  election.  Per  E.  P.  Smith,  Deputy  Superintend- 
ent, June  23,  1857. 


VOTERS. 


In  an  appeal  to  set  aside  the  proceedings  of  a  meeting  on  account  of  illegal 
voting,  it  is  not  enough  to  allege  that  a  man  was  not  a  legal  voter.  The 
B])ecific  grounds  of  disqualification  should  be  set  forth.     Per  Dix,  December 

1,  18;!8. 

An  election  will  not  be  set  aside  because  of  illegal  votes  when  they  do  not  afTcct  the  result. 

At  the  election  of  a  trustee  in  district  No.  2,  Rochester,  Ulster  county, 
January  15, 1850,  four  illegal  votes  were  cast  fur  the  successful  candidate,  who, 
however,  had  ten  majority. 

65 


434  Voters. 

The  reception  of  tlie  four  illegal  votes  did  not  affect  the  result,  and  tha 
appeal  niust  be  dismissed.  Per  E.  P.  Smith,  Deputy  Superintendeut,  February 
28,  1850. 

Proceedings  carried  by  illegal  votes  will  be  set  aside  on  appeal. 

Neither  the  Department  of  Public  Instruction,  nor  the  moderator  of  a  school 
district  meetinp;,  has  any  right,  under  the  statute,  to  prohibit  any  male  person, 
"wlio  malces  the  declaration  required  by  law,  from  voting ;  but  it  will  be  the 
duty  of  this  department  to  correct  and  set  aside  all  proceedings  consummated 
or  carried  by  votes  clearly  illegal,  the  result  depending  iipon  them.  It  is  the 
duty  of  the  person  acting  as  chairman  or  moderator  of  a  district  meeting  to 
permit  any  person  challenged  to  make  the  declaration  required  by  statute,  and 
any  refusal  to  perform  this  duty  will  be  good  ground  for  setting  aside  the 
proceedings  of  a  school  district  meeting.     Per  N.  S.  Benton,  July  12,  1847. 

An  alien  who  is  a  legal  voter  may  hold  office  in  a  school  district. . 

Mr.  George  Oliver,  an  alien,  who  was  entitled  to  hold  real  estate,  liavirg 
taken  the  necessary  legal  steps  for  that  purpose,  was  elected  trustee  of  school 
district  No.  1,  Bombay,  on  the  4tli  day  of  October,  1842. 

The  Superintendent  is  unable  to  see  any  good  cause  why  any  inhabitant 
of  a  school  district,  legally  authorized  to  vote  therein,  should  not  be  admitted 
to  a  free  participation  in  the  offices  of  the  district,  or  rather  why  he  should 
claim  an  exemption  from  the  burdens  which  the  law  devolves  upon  tho 
other  inhabitants  of  the  district  in  super\ising  its  aftairs  from  year  to  year. 
There  is  in  reality  very  little  analogy  in  cases  of  this  description,  to  those 
against  which  our  laws  in  reference  to  aliens  were  intended  to  provide.  1  am 
therefore  disposed  to  hold  any  and  every  legal  voter  in  a  school  district  eligible 
as  an  officer  therein.     Per  Young,  November  18,  1842. 

In  electing  trustees,  the  form  of  the  ballot  is  not  material,  if  it  unmistal^ably  csp.-tiss  tho 

voter's  preference. 

The  statute  requires,  when  trustees  are  elected  at  the  annual  meeting,  that 
•'  the  voters  shall  designate  by  their  votes  for  Avhich  term  each  of  the  trustees 
is  elected."  The  language  by  which  such  designation  shall  be  shown  is  left 
to  the  voter's  selection.  Where  two  trustees  are  to  be  elected  for  different 
terms,  tho  words  on  the  ballot  "long  term"  and  "short  term"  sufficiently 
indicate  the  intention  of  the  voters.  But  it  cannot  be  said  that  this  form  of 
ballot  is  the  only  legal  form.  Any  form  that  sufficiently  designates  the  voter's 
intention  must  be  held  good  under  the  statute. 

The  principle  governing  is  that  a  simjile  informality,  or  an  immaterial 
omission,  shall  not  deprive  a  lawful  voter  of  his  voice  in  the  election.  Per  V. 
M.  Ilice,  Superintendent,  Jlay  8,  18G2. 

Qualifications  necessary  to  entitle  aliens  to  vote  at  district  meetings. 

On  an  appeal  from  the  proceedings  of  a  special  meeting,  it  appears  that  tha 
meeting  had  voted,  l)y  a  clear  majority,  to  enlarge  the  site  and  build  a  new 
Bchool-liouse.  It  is  claimed  by  the  appellants  tlmt  the  meeting  was  controlled 
by  illegal  votes. 

It  is  insufficient  proof  of  their  riglit  to  vote  at  district  meetings  that  certain 
persons  have  declared  their  intention  of  becoming  citizens,  and  forwarded  their 
declaration  to  tlie  Secretary  of  State,  l)y  mail,  in  time,  as  they  say,  to  have 
reached  him  before  the  meeting  was  held  at  which  they  voted.  Sucli  persons 
must  clearly  jirovi;  the  actual  filing  of  their  declaration  of  intentions  before 
they  can  be  regarded  as  legal  voters  at  such  election.  Per  E.  W.  Keyes, 
Deputy  Superintendent,  May  2,  1859. 


VOTKKS.  436 

A  chairman  of  a  school  district  mectinp;  is  entitled  to  a  rote  npon  all  questions  involving 
the  luvyinj;  ofu  tax. 

This  is  an  appeal  from  tlie  proceedinj^  of  the  annual  meeting  held  in  said 
district  on  tlio  Gth  day  of  April  last,  in  votinf^  a  tax  of  $400  for  the  piiri)Ose  of 
buildinjr  a  school-house  therein.  It  appears  by  the  papers  in  the  case  tliat 
the  resolution  by  which  the  tax  was  authorized  was  passed  by  a  vote  of  six  to 
five  against  the  same.  The  appellant  claims  that  the  resolution  was  illegally 
pa.«sed,  because, 

1.  The  clerk  of  the  meeting  refused  to  call  the  name  of  the  chairman,  deny- 
ing  his  right  to  vote  ; 

2.  That  had  the  chairman  been  allowed  to  vote,  he  would  have  voted  against 
Baid  resolution ;  and 

3.  That  one  of  the  votes  in  favor  of  said  resolution  was  given  by  a  person 
who  was  not  a  legal  voter  in  said  district. 

In  their  answer  to  the  appeal,  the  trustees  concede  that  the  chairman  was 
not  permitted  to  vote  upon  said  resolution,  but  they  deny  that  he  was  lawfully 
entitled  to  vote  thereon,  on  the  ground  that  he  was  chairman  of  the  meeting 
and  only  entitled  to  a  casting  vote. 

The  trustees  having  made  this  concession  have  clearly  shown  that  the  pro- 
ceedings of  the  meeting  were  not  legally  conducted,  inasmuch  as  a  legal  vote 
was  rejected,  which  if  received  might  have  affjcted  the  result  of  the  vote  upon 
the  resolution.  The  chairman  was  equally  entitled  to  vote  upon  the  question 
of  raising  a  tax  with  the  other  tax  payers  and  voters  of  the  district,  and  the 
meeting  had  no  ri  :ht  to  deprive  liim  of  his  privileges  or  o'.hers  of  the  benefits 
which  I  hey  might  have  received  had  his  vote  been  counted. 

It  is  therefore  ordered  that  the  proceedings  of  the  meeting  aforesaid,  so  far 
as  tlie  same  relate  to  tlie  resolution  authorizing  a  tax  of  $-100  for  the  purpose 
of  building  a  school-house,  be  and  the  same  are  hereby  set  aside.  Per  H.  S. 
Kandall,  June  23,  1852. 

Who  arc  legal  voters  at  district  meetings,  and  what  vote  is  necesscry  to  raise  tax  by  install- 
ments. 

The  qualification  of  voters  in  school  district  meetings  is  defined  in  section 
59,  chapter  480,  Laws  of  1847.  (Xo.  84,  School  Laics  and  Forms  /or  1848.  See 
also  sec.  12,  tilie  7,  pat/e  80,  ante,  General  School  Act.) 

Every  person,  to  be  a  voter  in  a  school  district  meeting,  must,  therefore,  be 
a  male,  twenty-one  years  of  age,  and  a  resident  of  the  district.  Any  person 
having  these  three  qualifications,  and  "entitled  to  hold  lands  in  this  State, 
who  owns  or  hires  real  property  in  such  district,  subject  to  taxation  for  school 
purposes,"  is  a  voter. 

This  clause  authorizes  aliens,  Avho  have  declared  their  intention  to  become 
citizens  of  the  United  States,  and  who  have  filed  a  certificate  of  such  intention 
in  the  otfice  of  the  Secretary  of  State,  to  vote,  provided  they  own  or  hire  real 
property  in  the  district.  It  also  authorizes  tenants  of  houses  or  lands,  subject 
to  taxation  in  the  district,  to  vote,  whether  they  pay  the  taxes  or  not.  Legal 
voters  at  town  meetings,  who  have  paid  a  rate  bill  for  teachers'  wages  within 
one  year  preceding,  are  also  voters  in  the  district  where  they  reside. 

Any  person  who  has  a  family,  and  is  a  legal  voter  at  town  meetings,  and  has 
personal  property  liable  to  be  taxed  in  the  district,  exceeding  fifty  dollars  in 
value,  exclusive  of  such  as  is  exempt  from  execution,  is  also  a  voter. 

A  man  without  a  family,  having  personal  property  exceeding  fifty  dollars  in 
value,  liable  to  taxation,  is  also  a  voter,  because  his  property  is  none  of  it 
exempt  from  execution. 

Hence,  it  follows  that  while,  on  the  one  hand,  in  sonc  cases,  aliens,  not  legal 
voters  at  town  meetings,  may  be  legal  voters  at  district  school  meetings ;  on 
the  other  hand,  in  all  cases,  legal  voters  at  town  meetings,  who  do  not  own  or 
hire  real  property,  and  who  have  not  personal  ])roi'er:y  excMupt  from  execution 
exceeding  fifty  dollars  in  value,  are  not  legal  voters  in  district  school  meetings. 
And,  as  to  be  "  a  male  of  full  age,  and  a  resident  of  the  district,"  is  an  essential 


436  VOTEKS. 

qualification  of  every  voter,  women  are  necessarily  denied  tlie  privilege  of  vot- 
ing in  any  case. 

A  district  meeting,  legally  called  and  assembled,  may,  by  a  majority  of  those 
present  and  voting,  vote  to  raise  $400  ($1,000)  or  less,  for  the  purpose  of  build- 
ing a  scliool-house,  and,  also,  any  sum  necessary  for  the  purchase  of  a  site. 
And,  if  the  town  superintendent  shall  certify  in  writing  that  a  larger  sum  is 
necessary  for  building  a  school-house,  and  shall  specify  the  sum,  any  amount 
not  exceeding  the  sum  so  specified  may  be  raised  by  a  majority  of  "the  legal 
voters  present  and  voting  at  the  meeting.  {Sec.  70,  chap.  480,  Laivs  nf  1847.) 

School  districts  are  not  permitted  to  mortgage  or  incumber  their  school- 
house  lot.  But  in  order  to  enable  a  district  to  raise  a  large  sum  of  money, 
without  the  necessity  of  laying  a  tax  for  the  whole  of  it  in  one  year,  section 
71,  chapter  480,  Laws  of  1847,  provides  for  raising  a  tax  by  installments. 

The  words  "  taxable  inhabitants,"  in  this  section,  being  used  without  limita 
tion  or  qualification,  must  be  construed  to  mean  all  who  are  liable  to  be  taxed, 
and  who  attend  the  meeting,  citizens,  aliens,  women,  minors,  residing  in  the 
district.  The  number  of  taxable  inhabitants  can  be  ascertained  from  the  last 
assessment  roll  of  the  town.  A  majority  of  such  inhabitants  attending,  to  be 
ascertained  by  taking  and  recording  the  ayes  and  noes,  is  necessary  to  the 
validity  of  a  vote  to  raise  a  tax  by  installments.  But  this  majority  must  be 
made  up  of  legal  voters,  for,  although  this  section  of  the  statute  requires  a 
majority  of  all  the  taxable  inhabitants  attending  to  have  their  names  recorded 
in  the  affirmative,  it  does  not  make  all  the  taxable  inhabitants  legal  voters  for 
the  purposes  of  such  a  vote.  Who  then  are  legal  voters  under  this  section  ? 
The  same  persons,  and  no  others,  authorized  to  vote  by  section  59.  hereinbefore 
quoted.  Neither  women  nor  minors,  nor  persons  not  liable  to  be  taxed,  can 
vote  upon  the  question  of  raising  a  tax  by  installments.  Therefore,  a  man 
who  hires  a  house  raid  is  a  legal  voter  at  district  meetings  in  ordinary 
cases,  but  who  is  not  on  tlie  assessment  roll,  and  pays  no  taxes,  cannot  vote 
upon  this  question.  If  one  person  owned  all  the  land  of  a  school  district,  and 
it  was  all  assessed  to  the  owner,  the  tenants  could  not  vote  upon  this  question, 
unless  they  were  assessed  for  personal  jjroperty.  Non-residents,  although  tax- 
able, are  not  such  "  taxable  inhabitants,"  within  the  meaning  of  this  section, 
as  to  be  enumerated  in  estimating  the  number  of  taxable  inhabitants  in  the 
district,  and  they  are  not  voters  in  any  case.  The  tax  raised  by  virtue  of  this 
st;ction  must  also  be  raised  by  equal  annual  installments.  For  example  :  If  it 
be  voted  to  raise  $1,000  in  five  equal  annual  installments,  the  sum  to  be  raised 
each  year  must  be  $200,  and  not,  as  some  have  supposed,  $200  witli  the  interest, 
that  is  $207  at  the  end  of  the  first  year,  $214  at  the  end  of  the  second  year, 
and  so  on.  Trustees  and  others  must  tlierefore  make  their  contracts  accord- 
ingly.    Per  Morgan,  September  26,  1848.* 

An  alien,  though  he  ha?  taken  the  incipient  me.isiircs  to  he  nntnralized.  is  not  qnalified  to 
vote  at  a  scliool  district  meeting  in  the  district  where  he  resides,  unless  an  allidavit  of 
that  fact  be  tiled  and  recorded  in  the  ollice  of  the  Secretary  of  State. 

Tliis  is  an  appeal  taken  by  five  of  tlic  inhabitants  from  the  proceedings  of  a 
special  school  district  nu'eting,  lioldeu  in  district  No.  6,  in  the  town  of  Mon- 
tague, Lewis  County,  in  the  early  part  of  October,  1854. 

The  appellants  aver  that  persons  not  duly  qualified  to  vote  did  vote  at  said 
meeting,  and  that  their  votes  aflected  tlie  result.  It  seems  tliat  the  only 
material  vote  of  the  meeting  was  carried  by  two  majority,  whereas  the  right  of 
tliree  persons  to  vote,  who  voted  with  the  majority,  was  doubtful.  One  of  them 
was  a  man  working  for  a  resident  of  the  district,  but  whether  he  was  of  legal 
age  and  possessed  the  other  requisite  qualifications  is  by  no  means  certain. 

*  Since  this  decision  was  made,  the  law  has  added  to  the  qualifications— a  person  "who 
ha?  permanently  residing  wilh  liini  a  child,  or  children,  of  school  age,  some  one  or  more  of 
whom  shall  have  attended  the  district  school  for  a  period  of  at  least  eight  weeks  witliiu 
cue  year  preceding."  iSec p.  98,  ante.) 

Tlie  instalUnenls  are  required  now  to  he  equal,  hut  notaunual,  and  interest  may  be  added, 
as  they  become  due  and  payable.  {Se(  p.  121,  unit.) 


Voters.  437 

The  other  two  persons,  Messrs.  Fuller  and  Boyd,  are  aliens,  and  only  during 
the  week  that  the  meeting  of  May,  185 i,  stool  adjoiirneJ  to,  did  tlioy  lilo 
their  intentions  of  becoming  citizens._  An  alien,  though  he  lias  taken  the 
incipient  measures  to  obtain  naturalization,  cannot  hold  real  property  or  be  a 
qualified  voter  at  a  scho  )1  district  meeting  in  tho  district  where  he  resides. 

He  is  rcciuired  to  malie  a  deposition  or  ailirmation  in  writing,  before  an 
ollicer  authorized  to  take  the  ])rool's  of  deeds  to  be  recorded,  tliat  he  is  a 
resident  of  and  intends  always  to  reside  in  the  United  States  and  to  become  a 
citizen  thereof  as  soon  as  he  can  be  naturalized,  and  that  he  has  taken  such 
incii)ient  measures  as  the  laws  of  the  United  States  require  to  enaljlo  him  to 
obtain  naturalization,  which  shall  be  certified  by  such  otiicer,  and  be  liled 
and  rec!)rde(l  by  the  Secretary  of  State  in  a  book  to  be  kept  by  him  for  that 
purpose,  and  sucli  certificate,  or  a  certified  copy  of  it,  shall  be  evidence  of  the 
facts  tlierein  contained. 

As  Me:^srs.  Fuller  and  Boyd  did  not  comply  with  the  requirements  of  the 
statute,  and  therefore  could  not  become  owners  of  taxable  property,  the  con- 
clusion becomes  a  necessary  sequence  that  the  vote  was  void.  Per  V.  M.  liice, 
October  30,  1854. 

Tho  right  to  vote  at  a  school  district  meeting  docs  not  depend  upon  the  fact  that  the  person 
ofteiing  to  vote  lias  been  actually  taxed,  but  rather  upon  his  liabiliiy  to  taxation. 

A  niDtioii  to  n  consider  a  vote  of  a  district  nieetiiif?  may  be  made  by  a  person  votinjj  with 
the  minority,  unless  ti.e  meetin;,'  l^uve  a  diti'erent  rule. 

The  objections  of  the  appellants  are  that  two  persons  voted  at  the  district 
meeting,  for  the  change  of  site,  who  are  not  enrolled  upon  the  tax  list  as  tax- 
able inhabitants ;  that,  by  the  list  referred  to,  there  are  twenty-six  taxable 
inhabitants ;  that  only  twelve  "  taxable  inhabitants  "  voted  in  favor  and  twelve 
against  tin;  resolution  changing  the  site  ;  that  the  motion  to  reconsider  a  former 
resolution  adopted  at  a  ]n-evious  meeting,  in  regard  to  the  site,  was  made  by  a 

Eerson  who,  at  such  previous  meeting,  voted  against  the  resolution  of  which 
e  moved  a  reconsideration. 

Tlie  rule  of  legislative  proceedings,  which  requires  a  motion  for  reconsider- 
ation to  be  made  by  one  who  voted  with  the  prevailing  party,  is  not  binding 
upon  the  district  meetings,  unless  expressly  adopted  by  them.  There  is,  there- 
fore, no  force  in  the  objection  based  ujion  a  dei)arture  from  this  rule,  as  it  does 
not  a])pcar  to  have  been  acted  upon  by  the  inhabitants  of  district  No.  14. 

The  respondents  allege  that  fourteen  persons  voted  for  the  change  of  site. 
This  is  not  inconsistent  with  the  allegation  of  the  appellants,  for  they  acknowl- 
edge that  twelve  "  taxable  inhabitants"  thus  voted,  and  they  aver  that  two 
persf)ns  whom  they  deny  to  be  legal  voters  also  voted  for  the  resolution.  It 
was  then  properly  passed,  provided  the  two  persons  named  had  a  right  to  vote. 
Their  tith;  is  impeached  on  the  naked  ground  that  they  are  not  enumerated  on 
the  tax  list.  This  evidence  is  nut  sutRcient  to  bar  their  right  to  vote,  which 
depends  not  on  the  fact  that  they  are  actually  taxed,  but  upon  their  liability 
to  taxation.  It  devolves  upon  the  appellants  to  disclose  aifirmatively  such 
grounds  of  objection  to  one  who  has  been  admitted  to  vote,  as,  if  taken  for 
true,  in  the  very  words  stated,  will  repel  every  presumption  by  which  his 
claim  might  be  sustained,  by  showing  the  absence  of  some  essential  qualifica- 
tion. This  the  ap])ellants  have  failed  to  do,  and  tho  objection  must  be  disre- 
jrarded  and  the  a])peal  dismissed.  Per  E.-P.  Smith,  Deputy  Superintendent, 
September  15,  1855. 

Ri'j'ht  of  inhabitant  to  vote  at  school  district  meeting  depends  not  on  his  being  taxed,  but 
on  his  liability  to  be  taxed. 

The  right  of  an  inhabitant  to  vote  at  a  school  district  meeting  docs  not 
depend  on  his  being  taxed,  but  on  his  liatiility  to  be  taxed.  The  last  com- 
pleted assi^ssment  roll  of  the  town  controls  trustees  as  to  the  valuation  of 
property  therein  enumerated.  If  they  ascertain  that  persons  have  been 
omitted  who  ought  to  be  taxed,  or  that  real  estate  has  been  omitted  belonging 


438  Voters. 

to  persons  tvIio  are  taxed  for  otlier  property,  it  is  their  duty  to  assess  sucTi 
persons  and  property,  giving  the  proper  notice.  Their  omission,  however, 
does  not  affect  tlie  right  of  the  persons  overloolvcd,  to  vote  or  lipid  office.  Per 
E.  P.  Smith,  Deputy  Superintendent,  October  4,  1855.  {Lttttrs,  vul.  3,  jp-  597.) 

The  fact  that  a  man  hires  a  house  by  the  month  or  by  the  week,  and  pay3 
the  rent  by  his  labor,  and  not  in  cash,  does  not  change  or  take  away  his  right 
to  vote  at  scliool  meetings.  The  rent  of  the  house  forms  a  part  of  the  consider- 
ation paid  for  his  labor.  Per  S.  D.  Earr,  Deputv  Superintendent,  October  28, 
l«(j5.  {Ldters,  vol.  4,  p.  430.) 

Chairman  of  board  of  education  may  vote. 

The  chairman  of  a  board  of  education  has  a  right  to  vote  on  all  questions 
acted  ujjon  by  the  board,  the  same  as  any  other  member.  Per  V.  M.  Rice, 
Superintendent. 

A  husband  cannot  vote  at  district  meeting  because  his  wife  owns  real  estate.  He  mnst  have 
per.-onal  property  of  his  own  above  the  vahie  of  $50.  and  possess  all  other  necessary  lej-al 
C[ualitications.  Any  <ine  who  |)ossesses  such  qualifications,  and  owns  or  hires  real  estate 
in  a  district  subject  to  taxation  for  school  purposes,  is  a  leiral  voter  at  school  district  meet- 
inL's.  No  person  who  is  entiilod  to  vote  at  town  niectin;i's  is  a  legal  voterat  school  district 
meetings,  unless  he  be  a  resident,  and  has  real  estate  taxed  for  school  purposes,  or  owns 
property  above  the  value  of  $50.  "  By  a  majority  of  the  votes  of  those  present  "  nieana 
"  by  the  majority  of  those  present  and  votin;;."  No  special  or  annual  meeting  can  delay 
the  collection  of  a  tax  voted  at  a  previous  meeting. 

By  the  laws  of  this  State  a  married  woman  may  hold  and  dispose  of  real 
estate,  entirely  independent  of  the  husband,  and  the  husband  has  by  law  no 
property  or  interest  in  the  wife's  separate  estate.  Consequently  the  husband 
can  acquire  no  right  to  vote  at  school  district  meetings  simply  because  liis 
wife  owns  or  hires  real  estate.  If,  however,  ho  has  personal  property  of  his 
own  above  the  value  of  $50,  except  such  as  is  Ijy  law  exempt  from  levy  and 
Bale  on  execution,  he  is  a  legal  voter  at  such  meetings,  unless  there  should  bo 
certain  other  disqualifications,  such  as  alienage,  nonage,  etc. 

2.  Any  person  possessing  the  proper  qnaliiications  of  age,  citizenship,  etc., 
■who  owns  or  hires  real  property  situated  in  the  district,  liable  to  taxation  for 
school  ])urposes,  no  matter  to  whom  the  same  is  taxed,  is  a  legal  voter  at 
Bchool  district  meetings. 

3.  No  person  who  is  entitled  to  vote  at  town  meetings  is  a  legal  voter  at 
school  district  meetings  unless  he  is  a  resident,  and  owns  or  hires  real  estate, 
liable  to  taxation  for  school  purposes,  situated  in  such  district,  or  unless  he 
owns  personal  pro))erty  exceeding  $50  in  value,  exclusive  of  such  as  is  exempt 
from  execution  (or  has  permanently  residing  with  him  a  child  or  children  of 
school  age,  over  one  or  more  of  whom  sliall  have;  attended  the  district  school 
for  a  pi-riod  of  at  least  eight  weeks  within  one  year  preceding). 

4.  The  words  of  the  statute  "by  a  majority  of  the  votes  of  those  present " 
have  been  in  a  number  of  instances  construed  to  mean  "  by  the  majority  of  those 
present  and  voting."  That  is  the  only  reasonable  and  consistent  interj^retation 
of  the  statute,  and  it  is  undoubtedly  what  the  Legislature  meant  when  tho 
law  was  enacted. 

5.  If  tlie  vote  at  the  adjourned  anniial  meeting  to  raise  $3,400  to  build  a  new 
Bchool-lioiise  was  legal  and  regular,  th.en  the  action  of  the  special  meeting  held 
January  2  was  irregular.  The  sjjecial  meeting  was  held  too  late  to  rescind 
the  vote  of  the  adjourned  annual  meeting,  and  no  special  nor  annual  meet- 
ing has  the  power  legally  to  delay  the  collection  of  a  tax  voted  at  a  previous 
mooting.  The  adjourned  annual  meeting  voted,  according  to  your  statement, 
to  r.iis  ;  $1,200  immediately,  and  $1,200  the  first  of  May  next,  for  the  jjurposo 
of  building  a  new  school-house.  The  only  way  in  wliich  a  tax  may  be  levied 
and  collected  by  installments  is  prescribed  in  section  19,  title  7,  cha]>ter  555, 
Laws  of  18G4.  (.SVe  pagp.  121,  anlc.)  Unless  the  meeting  comjjlies  witli  that 
Bcctiou,  that  tax  list  cannot  be  raised  in  such  a  manner.     Your  district  did  not 


Voters.  439 

comply  with  tlic  requirements  of  the  section  above  named,  and  the  tax  which 
^^s  voted  cannot  be  raised  by  instalhncnts.  Tlic  direction  of  the  nieelin;;'  lliat 
$1,200  of  the  amount  slioukl  not  be  collecte<l  till  th(!  first  of  ^luy  next  is  sim- 
ply surplusa^^e  and  is  not  bindin<>:  ui)on  the  trustees,  because  tlie  meeting 
had  no  power  to  give  such  a  direction.  The  trustees  should  make  out  their 
tax  list  at  once  for  tlie  whole  amount  voted  by  the  annual  meetin<>-,  $3,400. 
You  will  recollect,  however,  that  before  a  tax  exceedino-  $800  (§1,000),  for  the 
building,'  of  a  school-house  can  be  levied,  the  consent  of  the  school  commissioner 
must  be  obtained.  {See  sec.  18,  title  7,  chapter  555,  Laws  of  1864.)  Per  V.  M. 
Kice,  Superintendent,  January  11,  18G0.  {Letters,  vol.  5,  pj^.  57,  58.) 

A  nesfro  of  full  afje  residing  in  your  district,  and  owning  or  hiring  real 
estate  therein,  is  entitled  to  vote  at  your  school  district  meetings,  even  though 
he  has  not  real  estate  assessed  at  $"^50.  Per  V.  M.  Kice,  Superiutcudent, 
October  25,  18GG.  {Letters,  vol.  5,  p.  GG2.) 

Deserters  arc  not  by  law  disqualified  to  vote  at  district  meetings. 

The  Legislature  of  this  State  has  not  passed  an  act  disfranchising  deserters; 
consequently,  if  otherwise  qualified,  they  are  entitled  to  vote  at  school  district 
meetings.  Per  S.  D.  Barr,  Deputy  Superintendent,  November  28, 18GG.  {Letters, 
vol.  5,  p.  719.) 

Qualifications  of  certain  oflicc  holdei's. 

The  Revised  Statutes  {part  1,  chapter  5,  title  G,  article  1)  provide  that 
"  no  person  shall  be  capaljle  of  holding  a  civil  office,  who,  at  the  time  of  hi3 
election  or  apiiointment,  shall  not  have  attained  the  age  of  twenty-one  years, 
and  who  shall  n(jt  then  be  a  citizen  of  the  United  States.  A  citizen  is  a 
person  in  the  United  States,  native,  or  naturalized,  wlio  has  the  privilege  of 
exercising  the  elective  franchise,  or  the  qualifications  whicli  enable  him  to 
vote  for  rulers,  and  to  purchase  and  hold  real  estate."  Per  V.  M.  Rice,  Super- 
intendent, July  G,  1854.  {Letters,  vol.  1,  p.  20G.) 

Jlodcrator  of  a  school  meeting  may  vote. 

A  moderator  of  a  school  district  meeting,  being  a  legal  voter,  has  the  same 
riglit  to  vote  as  though  he  did  not  preside. 

Tlie  same  i)rinciple  api)lies  as  with  the  speaker  in  our  Assembly,  the  House 
of  Representatives,  the  English  House  of  Commons,  and  the  president  of  the 
Senate,  when  he  is  a  member  of  that  body,  etc. 

Duty  of  moderator,  when  vote  is  challenged,  to  find  if  person  offering  it  is  a  legal  voter. 

It  is  the  duty  of  the  moderator,  when  a  vote  is  challenged,  to  ascertain 
whether  the  person  offering  it  is  a  legal  voter ;  and,  if  he  fails  to  make  the 
necessary  investigation,  he  is  negligent  in  his  duty.  Per  V.  M.  Rice,  Superia- 
teudeut,  December  2,  1854.  {Letters,  vol.  1,  p.  424.) 

The  law  docs  not  declare  the  quantity  of  real  estate  necessary  to  entitle  a  man  to  vote  at 

district  meetings. 

The  law  gives  no  limit  to  the  value  of  the  real  estate  which  the  resident  of 
a  school  district  must  hold  in  order  to  entitle  him  to  vote  at  district  meetings. 
He  may  lease  but  a  mere  shanty,  and  pay  the  rent  in  money,  work,  taxes  or 
improvements,  still  he  is  a  voter,  even  though  he  may  have  In^en  exempted 
from  the  jiayment  of  teachers'  wages  on  account  of  indigence.  Per  V.  M.  Rice, 
Superintendent,  January  oO,  1855.  {Letters,  vol.  2,  p.  101.) 


DIGEST  OF  DECISIONS 

OF  THE 

NEW  YORK  STATE  COURTS, 

RELATING  TO   COMMON   SCHOOLS. 


Dividing  districts.  The  town  superintendent,  witli  the  supervisor  and 
town  clerk,  annexed  a  part  of  district  No.  14  to  district  No.  3,  the  residue  of 
No.  14  beino;  annexed  to  No.  13,  and  district  No.  14  annulled.  The  trustees  of 
Nos.  3  and  14  consented  to  these  alterations,  and  notice  of  the  alteration  was 
given  to  the  trustees  of  No.  13,  who  had  not  consented.  Hdd,  that  the  altera- 
tion took  effect  immediately  as  to  the  part  annexed  to  No.  3,  although  the 
trustees  of  district  No.  13  did  not  consent.  {Supreme  Court,  18tG,  Williams  v. 
Larkin,  3  Denio,  114.) 

MEETixa  OUT  OF  THE  DISTRICT.  Pcnsons  elected  as  trustees  at  a  meeting 
held  without  the  limits  of  the  district,  and  who  subsequently  acted  as  such 
without  objection,  hdd  to  be  officers  de  /ado.  {Sapreme  Court,  1858,  Hijer  v.  Cris- 
pdl  28  Barb.,  54.) 

A  tax  was  voted  at  a  school  meeting  held  within  the  district,  on  adjournment 
from  a  previous  meeting  which  was  held  without  the  district ;  but  it  did  not 
ap|)ear  that  at  the  original  meeting  any  inhabitant  was  not  notified,  or  com- 
plained then  or  afterward  of  the  irregularity,  or  that  there  was  any  absentee 
from  the  adjourned  meeting,  or  that  any  objection  or  complaint  of  the  irregu- 
larity of  the  proceedings  was  made  at  the  second  meeting.  Ildd,  that  the  court 
miglit  presume  a  waiver  of  the  irregularity,  if  it  were  such,  and  a  unanimous 
assent  to  the  irregularity  of  the  adjourned  meeting.  Id. 

Annu.m,  meeting.  The  provision  of  1  Revised  Statutes,  480,  section  74, 
requiring  the  clerk  to  post  notices  of  annual  meetings,  is  merely  directory  to  him. 
If  the  meeting  convenes  at  the  time  and  place  fixed  at  the  previous  annual  meet- 
ing, it  is  enougli,  unless  the  omission  to  post  notices  was  fraudulent.  But  the 
regularity  of  such  meeting  cannot  be  sustained  on  the  mere  ground  that  it 
was  an  adjourned  meeting.  {Supreme  Court,  1844,  Marcnant  v.  Langworthy,  6 
nUl.  GIG.) 

This  decision  was  affirmed  in  the  court  of  errors  in  184G,  but  no  written 
opinions  were  rendered.  (3  Denio,  52G.) 

A  GEXEU.vii  NOTICE  of  tlui  ol)ject  of  a  special  meeting  is  sufTicient.  So 
hell,  wlien,  under  a  notice  that  the  object  of  the  meeting  was  for  the  ])urposo 
of  buying  or  building  a  school-house,  and  transacting  such  other  business, 
etc.,  the  meeting  jiroceeded  to  buy  a  school-house.  {Supreme  Court,  1846, 
WiUia)n-s  v.  Larkin,  3  Denio,  114.) 

Trustees  not  ijai5i.e  foii  clerk's  fraud.  Though  the  clerk  fraudulently 
misrepresent  the  object  of  the  meeting  to  some  of  the  inhabitants,  and  bo 


Digest  of  Decisions  of  N,  Y.  State  CouPwTS.  441 

prevent  tlieir  attendance,  the  trustees,  if  they  are  not  parties  to  the  fraud,  are 
not  thereby  foiiderod  trespassers  in  asscssinjf  and  levying  a  tax  voted  at  tlie 
meeting,  {d'cpreniis  Court,  1845,  RandaU  v.  Smitli,  1  Dcnio,  214.) 

Fixing  .vjiount  op  tax.  'I'he  vote  was  to  raise  $400  by  tax,  to  build  a 
Bchool-iiousj,  and  directed  the  trustees  to  sell  the  old  building,  and  treat  the 
avails  of  tlij  sale  as  so  much  of  the  fund  in  hand.  Udd,  valid.  {iSiqirmne  Court, 
184o,  'Lui.ibuU  V.   Wkitt,  0  liiil,  40.) 

A  voce  was  passed  authorizing  the  trustees  to  sell  the  old  school-house  and 
build  a  new  one  in  its  place,  and  the  vote,  by  fixing  the  dimensions  of  the 
hous ',  had  the  efljct  of  restricting  the  expense  to  a  sum  below  the  amount 
of  1:^400,  liniiied  by  law  for  the  ex])ense  of  a  new  house.  Hdd,  tliat  under  the 
act  of  1811  {Laws  of  1841,  338,  set'.  14),  providing  that  when  tlie  trustees  of  any 
school  district  are  reqiured,  or  authorized  by  law,  or  by  a  vote  of  their  district, 
to  incur  any  expense  for  such  district,  they  may  rai.se  tiie  amount  thereof  by 
tax  iu  the  same  manner  as  if  the  deiiuite  sum  to  be  raised  had  been  voted. 
The  trustees  were  authorized  by  such  a  vote  to  incur  the  expense.  The  statute 
should  not  be  so  construed  as  to  contine  its  operation  to  small  incidental 
expenses.  {Supremf:  Court,  1847,  Acktrman  v.  Vail,  4  iJtnw,  207.) 

A  school  district  voted  "  to  raise,  by  tax  on  the  district,  a  sum  which, 
together  with  the  amount  that  should  arise  from  the  sale  of  a  school-house  in 
district  No.  4,  should  amount  to  the  sum  of  ijiolo ; "  and,  there  being  no  power 
to  sell  the  school-house  meuyoued,  the  trustees  raised,  by  tax,  the  whole  sum 
of  §olo.  Udd,  that  the  fair  Ibnstructiou  of  the  resolution  was  that,  in  the  con- 
tingency of  nothing  being  realized  from  the  sale  of  the  school-housc%  the  trus- 
tees were  authorized  to  raise  the  entire  amount  of  §ol5  by  tax,  and  that  the 
amount  to  be  raised  was  sufficiently  definite  to  satisfy  the  law.  (5  IIUl.  46 ;  4 
Denio,  208;  3  id.,  115  ;  Supreme  Court,  1858.  Mijtrs  v.  Crispdl,  28  Baih.,  54.) 

Fi-XiXG  SITE.  The  meeting  cannot  delegate  their  power  to  designate  the 
Bite  of  a  school-house.  If  they  vote  a  tax  to  build  a  school-hoiige,  when  the 
trustees  shall  think  proper,  the  trustees  are  trespassers  in  pi'oceeding  to  collect 
the  tax.  (18  Juhn-n.,  351 ;  9  [Vend.,  30  ;  Sapreine  Court,  1837,  Btiijumiti  v.  Ilall,  17 
Weral.,  437.) 

It  sftiiis  that  it  is  not  necessary  to  designate  a  site  for  the  school-house  before 
imposing  a  tax  to  build.  Id.  (  Wdlianis  v.  Larkin,  3  Denio,  114.) 

Tax  ijefoue  ACCiUiuiNG  title.  It  is  no  objection  to  the  tax  that  the  title  to 
the  property  has  not  been  aci^uired.  {Supreme  Court,  WUliams  v.  Larklu,  3  Denio, 
114.) 

liEi'AiRS.  A  vote  of  the  district  to  raise  a  tax,  directing  that  it  shall  not  be 
levied  imtil  the  repairs  it  is  designed  to  pay  for  are  made,  held  valid  ttnder  1 
Revised  Statutes,  478,  section  61,  subdivision  5.  {Supreme  Court,  1840,  Folsom  v. 
Strteter,  24  Wend.,  200.) 

Inopekative  vote.  When  a  tax  voted  became  inoperative  through  the 
neglect  of  the  trustees  to  assess  it,  Iield,  that  a  subsequent  meeting  miglit  vote 
another  without  any  fcu-mal  reconsideration.  {Supreme  Court,  1845,  Kundall  v. 
Smith,  1  iJeuio,  214.) 

Hescixdixg.  The  district  meeting  cannot  repeal  a  resolution  imposing  a 
tax  after  a  part  of  it  has  been  collected.  {Supreme  Court,  1848,  Smith  v.  Dilling- 
ham, -i  Baro.,  25.) 

Otherwise,  it  seems,  if  nothing  beyond  preparing  the  warrant  and  tax  list  has 
been  done.  {Gale  v.  Mead,  4  IIUI,  lO'J.) 

Building  co.mmittee.  No  power  is  given  to  the  inhabitants  to  invest  a 
building  committee  with  authority  to  advertise,  or  make  a  contract  for  build- 
ing a  school-house,  or  to  do  any  other  act  binding  upon  the  trustees,  without 
their  ass^'Ut.  The  inhabitants  and  trustees  arc  alike  dependent  upon  the  stat- 
ute for  all  their  power.'^.  {Supreme  Court,  Sp.  'Term,  1852,  People  ex  7\l.  Moon  v. 
Burtficld,  6  Howard's  I'r.,  437  ) 

Who  aue  taxable.  Under  section  25  of  the  act  of  1819,  providing  that 
every  person  owning  or  holding  real  estate  lying  within  such  district,  who 
shall  improve  and  occupy  the  same,  by  his  agent  or  servant,  a  non-resident  of 

5G 


442  Digest  of  Decisions  of 

the  district,  owning  land  within  it  which  he  had  leased  to  another,  who  occu- 
pies it,  "aoes  not  improve  and  occupy  it  by  his  agent  or  servant  "  so  as  to  be 
taxable.  {Hapreiae  Cou/i,  18o2,  Dubucn  v.  Tuojuu,  S  Ivc/ui.,  518;  to  contrary  effect 
is  Mijer  v.  Vrispdl,  28  Burb.,  54.) 

Under  Laws  of  181:7,  chapter  480,  section  87,  providing  that  every  person  own- 
ing or  holding  real  property  in  any  scliool  district,  wlio  shall  improve  and 
occupy  the  same  by  his  agent  or  servant,  .shall  be  considered  a  taxable  inhabit- 
ant oi  sach  district,  in  respect  to  the  liability  of  such  property  to  taxation,  a 
non-resiJeut  of  the  district  who  owns  properly  and  occupies  it  himself,  not  by 
an  agent,  etc.,  is  taxable.  The  word  "owner"  was  probably  inadvertently 
omitted  from  the  statute.  {Saprtnie  Court,  1858,  Mynr  v.  CrisptU,  28  Barb.,  54  ; 
to  the  contrary  effect  is  Dubois  v.  Thome,  8   Wtnd.,  518.) 

The  plaintiff  was  an  actual  resident  of  school  district  No.  4,  in  wliich  his 
farm  lay,  but  he  impjwved  and  occupied  a  lot  of  thirty-seven  acres,  belonging 
to  him,  which  lay  in  district  No.  G  ;  but  this  lot  was  not  a  part  of  his  farm,  nor 
attached  to  it,  nor  adjoining,  lltid,  that  this  lot  of  thirty-seven  acres  waa 
properly  taxed  for  school  purposes  in  the  sixth  district.  {Sujireme  Court,  1858, 
Alijtj-  v.  Crttipdt,  28  Barb.,  54.) 

What  assessment  roll  is  to  be  followed.  The  provision  of  1  Revised 
Laws  of  lyii),  page  2G2,  section  8,  requiring  a  district  school  tax  to  be  raised  by 
assessment,  agreeably  to  the  levy  on  wliich  the  town  was  taxed  "  the  preceding 
year,"  is  to  be  construed  as  if,  instead  of  the  preceding  year,  it  had  said  the 
preceding  tax  list.  {Supreme  Court,  1815,  Ryder  wrCudderbud;,  12  Ju/ins.,  412.) 

The  tax  should  be  assessed  according  to  the  last  assessment  roll  of  the  town, 
and  a  more  recent  roll,  whicli  has  not  been  perfected,  should  bo  disregarded. 
{Supreme  Court,  1881,  Alexander  v.  Iluijt,  7  Wend.,  80.  See  1  liev.  Stat.  [Zd  edX 
647,  sec.  117.) 

If  the  trustees  assess  property  not  valued  in  the  last  assessment  roll  of  tlio 
town,  it  is  tiicir  duty  to  give  notice  to  the  persons  interested  ;  but  their  omis- 
sion to  do  so  does  not  necessarily  make  them  trespassers.  (7  Wead.,  S'J  ;  11  id., 
90;  Supreme  Court,  1845,  liauduU  v.  Smith,  1  Beuio,  214.) 

Liquidating  amount.  When  the  district  has  not  voted  any  specific  siim, 
the  act  of  liquidating  the  true  amount  under  tlie  act  of  1841,  238,  section  14, 
and  apportioning  it,  can  be  done  only  when  the  three  trustees  are  together, 
although  it  may  tlien  be  done  by  two  of  the  three.  (2  Bev.  Slat.,  555,  sec.  27  ; 
Supreme  Court,  1847,  Lee  v.  Furry,  4  Denio,  125.) 

Assess.ment  must  be  aftek  the  vote.  On  the  7th  of  October  a  district 
meeting  voted  a  tax,  and  in  pursuance  thereof  an  assessment  was  subsequently 
made,  and  a  warrant  to  collect  the  tax  made  out,  signed  and  dated.  At  a 
special  meeting  afterward,  held  on  tlie  25th  of  November,  the  vote  to  raise  the 
tax  was  repealed.  At  a  third  meeting  on  tho  5tli  of  December,  tlie  reiiealing 
vote  was  itself  repealed.  Tho  trustees,  deeming  the  original  tax  thus  con- 
firmed, renewed  tlie  warrants  and  enforced  them.  Held,  that  tliey  were  liable, 
lleviving  the  original  vote  for  tlie  tax  did  not  revive  tlie  validity  of  the  assess- 
ment and  warrant.  The  wliole  proceedings  must  be  construed  as  they  would 
have  been,  if  the  original  vote  to  lay  tlie  tax  had  passed  on  the  5th  of  Decem- 
ber. Tile  law  plainly  contemplates  that  the  assessment  shall  be  made  after 
the  tax  shall  have  been  voted.  {Court  of  Errors,  ISio,  Mead  v.  Gule,2  Denio, 
232  ;  allinuing  S.  C,  4  JIUl,  109.) 

Erroneous  Ari'OUTioN.MENT.  Trustees  of  a  school  district  in  making  out 
their  tax  list  from  the  town  assessment  roll,  act  ministerially,  and,  if  they  take 
the  i"oll  which  has  not  been  completed  instead  of  the  last  roll,  and  issue  their 
warrant  accordingly,  they  are  liable  as  trespassers.  {Supreme  Court,  1831, 
Alexander  v.  Jloi/t,  7  Wnnd.,  8'J  ;  overruled  in  Supreme  Court,  1855,  Ildl  v.  SeU 
lidc,  21  Barb.,  207,  and  cases  there  cited.) 

The  aijportionment  of  the  tax  among  tlic  taxable  inhabitants  of  a  district  is 
to  a  certain  extent  a  judicial  act,  and  if  the  trustees  coniine  themselves  withia 
tlie  limits  of  the  statute,  though  they  sliould  err  in  point  of  law,  or  iu  judg. 
uient,  they  are  not  civilly  nor  criminally  answerable  if  their  motives  are  pure 


New  York  State  Courts.  443 

(8  Cow.,  184;  1  Cai.,  CO;  Supreme  Court,  1833,  Eastonv.  Calendar,  11  Wend..  90; 
aijproved  i.i  Fobom  v.  S'.rteler,  24  Wtnd.,  2GG  ;  UandalL  v.  Snuth,  1  JJtnio,  214.) 

An  error  of  juJyineut  in  iucludiu^-  the  collector's  fees  iu  the  tax,  or  iu  omit- 
ting some  of  the  taxable  iuhabitaiils  in  the  list,  does  not  render  the  trustees 
liable  as  trespassers.  {Supreme  Court,  Itioo,  J:\v>toav.  Calendar,  11   Wend.,  UO.) 

Thouyh  the  trustees  err  in  allowing  compensation  to  a  teacher  for  a  longer 
time  than  she  taught,  the  rate  bill  and  warrant  are  not  therefore  void,  but  are  a 
protection  to  the  trustees  and  collector.  {Su2)itme  Court,  1851,  Fincli  v.  Cleveland, 
10  narb.,  -jyi).) 

The  trustees  arc  not  liable  as  trespassers  for  an  error  as  to  the  l;asis  of  tiio 
apportionment,  any  more  than  for  an  error  iu  the  amount.  (11  Wend.,  UO ;  1 
Ucnio.  214;  10  BarO..  2t)0 ;  Supreme  Court,  18;jj,  Bill  v.  Sellicic,  21  Barb.,  207.) 

EiiUAHZATiON.  Under  Laws  of  1847,  GOO,  section  72,  providing  for  an  equali- 
zation of  the  ai)poi'tionmeut,  when  the  school  district  embraces  a  part  of  more 
than  one  town,  upon  a  comparison  of  the  valuations  of  real  property  upon  the 
several  assessment  rolls  of  the  towns  with  each  other,  so  far  as  such  district  ia 
concerned,  and  providing  for  the  adjustment  of  the  relative  proportion  of 
taxes  that  ought  to  be  assessed  upon  the  real  propei'ty  of  the  parts  of  such 
district  so  lying  in  different  towns,  the  trustees  are  not  liable  for  making  their 
assessment  in  disregard  of  a  determination  made  by  town  superintendents  of 
common  schools,  unless  it  appears  that  a  previous  application  ujjou  the  subject 
was  made  to  the  superintendents  by  the  trustees  of  the  district  or  persona 
liable  to  pay  taxes  upon  real  property  theivin.  Id. 

CoLLECTUu's  FEES,  lu  the  apportionment  the  collector's  percentage  should 
not  be  included  ;  he  is  directed  by  the  warrant  to  collect  that.  {Easton  v. 
Calendar,  11   Wend.,  90.) 

Naming  the  person  assessed.  Though  when  property  is  owned  by  an 
individual,  his  name,  and  not  a  mere  description  of  him,  should  be  inserted  in 
the  tax  list  and  warrant  (under  1  llevised  Statutes,  481,  484,  requiring  it  to 
contain  the  name  of  each  person  liable),  yet,  when  the  property  of  a  decedent 
is  in  possession  of  the  widow  and  heirs,  it  is  suilicicnt  to  designate  them  iu 
the  list  and  warrant  as  "  the  widoAV  and  heirs "  of  the  decedent.  {Su2)reina 
Court,  18oo,  Wheeler  v.  Anthony,  10  Wend.,  o46.) 

Time.  The  provision  of  1  Revised  Statutes,  483,  section  82,  requiring  a  school 
district  tax  to  l)e  assessed,  and  the  tax  list  to  be  made  out  within  one  mouth 
after  the  meeting  at  which  the  tax  was  voted,  is  directory  merely  in  respect 
of  time ;.  and  if  it  does  not  appear  that  there  was  a  change  in  the  taxable 
persons  or  property  in  the  district,  between  the  expiration  of  the  month  and 
the  time  the  tax  list  was  made  out,  the  tax  is  valid.  (Citing  3  Mass.,  230 :  6 
Weud.,iS(i;  2  Str.,  1123;  7  IliU,  9;  and  distinguishing  Gale  v.  Mead,  4  Jlill, 
109  ;  Supreme  Court,  184G,  Gale  v.  Afead,  2  JJenio.HiO.) 

Tlie  statute  requiring  the  tax  to  be  assessed,  and  the  tax  list  therefor  to  be 
made  out  by  tlu;  trustees,  and  a  proper  warrant  attached  thereto,  within  thirty 
days  after  the  district  meeting  in  which  the  tax  shall  have  been  voted,  ia 
merely  directory  as  to  time.  It  being  for  the  benefit  of  the  public,  those  acta 
may  bo  done  alter  the  time  sp(;cified  in  the  statute  has  elapsed.  (2  Deniu,  IGO  ; 
Suprenin  Court,  Sp.  Term.  1855,  Thomas  v.  Clapp,  20  Barb.,  1  (].■).) 

Alteration.  When  the  tax  has  been  levied  and  collected,  the  power  of 
the  trustee  is  ended.  Though  it  has  been  recovered  back  from  them,  tliey 
cannot  alter  the  tax  list  so  as  to  collect  a  different  sum.  [Supreme  Court,  1837, 
B-njamin  v.  Hall,  17  Wend.,  437.) 

Power  to  assess  is  personal.  The  authority  which  the  trustees  are 
required  to  aJminister  in  apportioning  the  tax  is  personal,  and  cannot  be 
delegated.  (3  Comd.,  39G )  One  of  three  trustees  cannot,  after  the  other  two 
havi!,  without  his  pres:;nce,  made  an  assessnumt  or  appijrtionment,  ratify  and 
adoj)t  it  b}-  indorsing  his  approval,  in  the  absence  of  the  others.  {Supreme 
Court,  185d,  Kecler  v.  Fro-i,  22  Barb.,  400.) 

Kei^uiremicnt  of  the  warrant.  The  provisions  of  Revised  Statutes,  484, 
Bectiou  88,  required  that  the  warrant  should  command  the  collector  to  proceed 


444  Digest  of  Decisions  op 

in  tlie  same  manner  as  on  executions  issued  by  a  justice  of  tlie  peace.  By  the 
Laws  of  1831,  248,  section  2  ;  1832,  547,  section  1,  this  provision  was  repealed, 
and  it  was  required  that  the  warrant  should  command  tlie  collector  to  proceed 
in  the  same  manner  as  on  warrants  issued  by  the  board  of  supervisors  to  the 
collectors  of  towns.  Ildd,  that  a  warrant  issued  in  the  old  form,  after  the 
latter  provision  took  effect,  was  void,  and  afforded  no  protection  to  the  officer. 
{Supreme  Court,  1837,  Clark  v.  Hallod;,  10  Wend.,  G07.) 

Tiie  provision  of  the  act  of  1831,  directing  warrants  for  taxes  for  erecting  or 
repairing  school-houses  to  be  executed  as  warrants  issued  by  the  supervisors 
to  town  collectors,  is  to  be  applied  to  warrants  for  all  school  taxes ;  and  what- 
ever the  tax,  the  collector  is  clothed  with  the  powers  of  a  town  collector. 
Hence  he  may  take  the  property  of  any  person  which  is  lawfully  in  the 
possession  of  the  person  liable  to  pay  the  tax.  {Supreme  Court,  1835,  Keeler  v 
Chichester.  13  Wend.,  629.) 

Waukant  exceeding  tax.  The  warrant  directed  one  dollar  more  than  the 
amount  of  the  tax  voted  to  be  collected.  Held,  that  the  plaintiff,  suing  in. 
trespass  for  selling  his  property  under  it,  as  he  did  not  take  the  objection  at 
the  trial,  could  not  take  it  on  error.  The  inclusion  of  the  additional  dollar 
might  have  been  proper  for  expenses  under  the  statute.  {Supreme  Court,  1846, 
WiUiums  v.  LurJdn,  3  JJenio,  114.) 

Signature.  That  a  renewal  signed  by  only  a  majority  of  the  trustees  is 
sufficient.  {Folsom  v.  Sweeter,  24  Wend.,  206.) 

It  is  not  material  that  all  be  present  when  the  warrant  is  signed.  The 
signing  of  the  warrant  is  a  ministerial  duty.  {Supreme  Court,  SjJeciul  Term, 
1855,  TJioma-s  v.  Ciajq?,  2U  Barb.,  165.) 

Time  of.  That  the  warrant  is  not  void  because  not  signed  thirty  days  before 
issue.  {Finch  v.  Cleveland,  10  IJurb.,  290.) 

A  TRUSTEE  WHO  DOES  NOT  SIGN  a  renewal  of  the  warrant  is  not  liable  for 
its  execution.  (2  Seld.,  331 ;  Supreme  Court,  Special  Term,  1855,  Tli.omas  v.  Clapp, 
20  Barb.,  165.) 

A  renewal  of  the  warrant  is  equivalent  to  a  new  warrant.  (4  Barb ,  444  ;  3 
mil.  498  ;  4  id.,  109  ;  24  Wend.,  2m  ;  17  Barb.,  145  ;  Suprevie  Court,  Special  Term, 
1855,  Tliomns  v.  Clapp,  20  Barb.,  165.) 

Under  the  power  given  to  the  trustees  of  school  districts,  by  1  Revised 
Statutes,  478,  section  102,  to  renew  warrants  for  tlie  collection  from  delinquents 
of  such  sum  or  sums  of  money  as  remain  unpaid,  they  have  the  power  to  issue 
a  new  warrant  for  the  same  purpose.  (24  Wend.,  269  ;  3  Hill,  498  ;  Supreme  Court, 
1848,  Seaman  v.  Bemon,  4  Barb.,  444  ;  Special  Term,  Titomus  v.  Clapp.  20  id.,  105.) 

Approbation  of  superintendent.  Under  section  13  of  an  act  amenda- 
tory of  the  several  acts  relating  to  common  schools,  passed  April  17,  1843, 
requiring  the  written  approbation  of  tlie  town  superintendent  whenever  more 
than  one  renewal  of  the  warrant  should  become  necessary,  one  renewal  of  the 
warrant  may  be  made  by  the  trustees  without  the  approbation  of  the  town 
8ai)f;rintendent.  {Supreme  Court,  1848,  Seaman  v.  Benson,  4  Barb.,  444.) 

Levy  on  farm  divided  ey  county  line.  If  a  farm  is  divided  by  the 
division  line  between  two  districts,  it  is  to  be  considered  as  lying  in  the  district 
in  which  the  dwelling  is,  and  the  collector  may  make  levy  upon  any  part  of  it, 
even  though  such  part  is  in  another  county  than  the  dwelling.  {Su2}reme  Court 
1832,   Ward  v.  Aylcsworth,  9  Wend.,  281.) 

Liability  of  collector.  A  school  district  collector  is  bound  to  see  that 
the  trustees  act  within  the  scope  of  their  legal  duty;  and,  if  they  assess  the- 
propertv  of  a  person  not  taxable,  he  is  a  tres])asser  in  executing  their  warrant. 
(10  Co.  'li.,  70;  1  //.  lUachstone,  68;  4  Taunt.,  634;  Supreme  Court,  1816,  Suydam 
V.  lleijs,  13  Jdhns.,  444 ;  but  Savacool  v.  Bowjhton,  5  Wmd.,  170.) 

If  the  trustees  have  jurisdiction  of  the  subject-matter,  the  collector  is  pro- 
tected by  a  tax  list  and  warrant,  regular  u[)on  their  face.  (9  Jnhns.,  230 ;  3  id., 
474  ;  5   Wend.,  170 ;  Supreme  Court,  1851,  Alexander  v.  Iloyt,  7  Wend.,  89.) 

Distraining.  An  officer  who  collects  a  district  school  tax  is  not  subject  to 
the  provisions  of  2  Revised  Statutes,  428,  sections  20-24,  relating  to  the  duties  of 


New  York  State  Courts.  445 

officers  distraining  on  property,  when  no  special  pro\ision  is  otlierwise  made. 
(Supreme  Court,  1848,  Pumjhurriv.  Smilli,  4  Ba7h.,  246.) 

Officers — neglect  to  serve.  Tlie  penalty  imposed  by  section  23,  of  tlie 
act  of  1819,  upon  any  clerli,  trustee  or  collector,  who  should  refuse  to  serve,  or 
who,  not  havinj;  refused,  should  neg^lect  the  performance  of  the  duties  of  his 
office,  is  not  incurred  by  an  individual  instance  of  nes'l'ffcnt  or  willful  omis- 
sion of  duty  by  one  who  has  entered  on  the  fjencral  duties  of  the  office. 
{Sapreine  Court,  1826,  Spafford  v.  Hood,  6   Cow.,  478 ;  followed  in  Fdch  v.  Aliilar, 

13  Wend.,  66.) 

The  remedy  which  the  inhabitants  of  a  school  district  have  aofainst  a  trustee 
who  neglects  to  discharge  the  duties  of  his  office  stated.  ( Wliif/ord  v.  Scott,  14 
How.  Pr.,  302,  1857.)  "  A  trustee  of  a  school  district,  who  refuses  to  discharge 
his  duties  as  such,  can  be  punished  by  indictment."  (2  Rcv.  Stat.,  696,  sec.  38 ; 
2  Hill,  196  ;  1  Denio,  457  ;  3  id.,  381.)  Sucli  a  refractory  trustee  is  also  liable  to 
pay  a  penalty  of  $10  for  each  refusal  to  perform  any  duty  required  by  law 
{Laws  (ij  1847,  p.  696,  sec.  79  ;  id.,  p.  713,  sec.  145) ;  and  he  may  be  removed  from 
office  by  the  State  Superintendent  of  Public  Instruction.  {Laws  of  1849,  p.  537, 
sec.  15.) 

Neglect  to  .\ccouxt.  Under  1  Revised  Statutes  486,  section  100,  impos- 
ing a  penalty  of  twenty-five  dollars  on  every  trustee  who  shall  refuse  or  neg- 
lect to  render  an  account,  or  to  pay  over  any  balance  found  in  his  hands,  the 
penalty  is  a  several  penalty  imposed  on  each  defaulting  trustee,  and  not  a  pen- 
alty against  them  jointly.  {Supreme  Court,  1845,  Marsh  v.  Sltute,  1  Denio,  280.) 

Powers  of  trustees  to  remo\'E  encro.\ciimext.  A  trustee  of  the  dis- 
trict has  the  right  to  remove  a  fence  wrongfully  built  upon  the  school  lot. 
{Supreme  Court,  1847,  Thayer  v.  Wright,  4  Benio,  180.) 

Power  of  trustees  to  contract.  The  trustees  of  a  school  district  are  a 
quasi  corporation,  possessing  power  in  certain  cases,  and  for  certain  purposes, 
to  bind  their  district  and  create  a  corporate  liability,  which  will  attach  to  their 
successors  in  their  official  capacity.  They,  therefore,  have  the  power  to  liqui- 
date the  indebtedness  of  the  district,  e.  g.,  to  a  teacher,  for  wages  earned  by 
liim  as  such,  in  the  employment  of  the  district,  and,  by  giving  a  note  therefor 
signed  by  them  as  tru.stees,  to  bind  the  district.  When  a  note  thus  made 
expresses  on  its  face  that  it  is  given  on  account  of  the  wages  of  the  payee,  aa 
teacher  in  the  school  district  of  which  the  makers  are  trustees,  the  payee,  by 
accepting  the  note,  admits  this  to  be  the  true  consideration,  and  therefore  can- 
not hold  the  makers  personally  liable  upon  the  note.  {Supreme  Court,  1856, 
Hortoa  V.  Garrison,  23  Barb.,  176.) 

The  trustees  of  a  school  district  are  a  corporation  for  certain  purposes,  and 
may  receive  the  note  of  a  third  person  for  money  due  to  them  in  their  corpo- 
rate capacity  ;  and  till  the  note  is  impeached,  or  some  defense  made  again.st  it, 
they  are  under  no  obligation  to  show  how  they  came  by  it.  {Supreme  Court, 
1834,  Brewster  v.  Co! well,  IS  Wend.,2S.) 

Two  TRUSTEES  of  a  school  district  cannot  act  as  such  in  the  performance  of 
their  duties,  except  u[X)n  a  meeting  of  all  three,  whether  the  third  one  refuses 
to  act  or  not.  (4  Denio,  125  ;  Supreme  Court,  Gt!t  district,  1857,    Whit/ord  v.  Scott, 

14  How.  Pr.,  302  ;  compare  Horton  v.  Garrison,  23  Barb.,  126.) 

Trustees  of  common  schools  sued  by  a  teacher  for  services  rendered  by 
employment  by  one  of  them  only,  but  with  the  knowledge  and  permission  of 
the  others,  cannot  defeat  the  recovery  on  the  ground  that  the  contract  was 
invalid  for  not  being  made  at  a  meeting  of  the  three.  {Anr/ell  and  Ames  on 
C'rp,2Ui,  Supreme  tV)ur/,  1853,  Fester  \.  La  Pue,  15  Parb., 'i2'3 ;  and  compare 
Fuich  V.  Cleveland,  10  id.,  290.) 

Clerk  also  coli,ector.  The  same  person  may  be  appointed  clerk  of  the 
school  district  and  collector  at  the  same  time,  there  being  no  prohibition  in 
the  act,  and  nothing  incomi)atible  in  the  two  offices.  (Supreme  Court,  1819, 
Uowktnd  V.  Luce,  16  Johns.,  135.) 

Election  to  fill  vacancy  caused  by  refusal  to  serve,  sustained.  {Randall  v. 
Smith,  1  Denio,  214.) 


446  Digest  of  Decisions  of 

Tlie  Superintendent  of  Common  Schools  lias  no  general  jurisdiction  over 
money  in  the  hands  of  school  comniisssioners,.  and  he  has  no  authority  to 
direct  them  to  retain  money  whicli  may  thereafter  be  apportioned  to  school 
districts ;  and  his  order  to  such  effect  is  not  in  itself  a  protection,  unless  it 
shows  on  its  face  that  an  appeal  was  pending  before  him.  {Supreme  Court,  1845, 
Bennett  v.  Burch,  1  Dcnio,  141.) 

Kicitals  in  the  Superintendent's  order  do  not  prove  his  jurisdiction.  Id. 

Action  on  bond.  The  town  superintendent  refused  to  examine  a  candi- 
date as  to  her  learning  and  ability,  for  the  reason  that  he  was  satislied  her 
moral  character  was  not  good.  The  applicant  appealed  to  the  State  Super- 
intendent, who  examined  as  to  her  moral  character  and  decided  that  there  was 
no  objection  to  her  on  that  score,  and  directed  the  town  superintendent  to 
examine  her.  The  town  supeiuntendent  examined  her  as  to  learning  and 
ability,  and  offered  her  a  certificate  as  to  her  qualifications  on  those  points. 
lldd,  "that  it  v.-as  all  he  could  be  required  to  do.  By  the  appeal  the  question 
of  moral  character  was  disposed  of,  and  the  State  Superintendent's  decision  on 
that  question,  together  with  the  town  superintendent's  certificate  of  learning 
and  ability,  would  entitle  the  applicant  to  teach.  {Supreme  Court,  1855,  Peopls 
ex  ret.  Owen  v.  Miisters,  31  Barb.,  252.) 

Annulling  TE.\cnER's  certificate.  Under  the  Laws  of  1847,  690,  section 
37,  the  town  superintendent  cannot  annul  a  teacher's  certificate  of  competency, 
except  on  ten  days'  notice,  to  tlie  teaclier  and  the  trustees  of  the  district,  of  a 
hearing  on  the  question.  Notice  of  an  intention  to  anniil  it  is  not  an  annul- 
ment. The  order  must  be  in  writing.  {Supreme  Court,  1851,  Finch  v.  Cleveland, 
10  Barb.,  290.) 

The  city  superintendent  of  common  schools  for  the  city  and  county  of  New- 
York  has  power  to  annul  a  certificate  granted  to  a  teacher.  {Sujrreme  Court, 
1853,  People  ex,  rel.  Melver  v.  Board  of  FAuadi.on,  17  Barb.,  299.) 

Dismissal.  That  the  trustees  cannot  dismiss  a  teacher  without  cause  and 
against  his  consent,  before  the  expiration  of  his  contract.  {Finch  v.  Cleveland, 
10  Barb.,  290.) 

A  sciiooL-iiouSE  built  by  the  contribvitions  of  the  inhabitants  was  burned 
by  the  enemy,  and  compensation  was  subseqiiently  awarded  by  the  govern- 
ment, the  \ilfage  having  been  in  the  mean  time  organized  as  a  school  district. 
JLdd,  that  the  money  belonged  to  the  school  district,  not  to  those  who  contrib- 
uted to  the  building.  {Chancery,  1837,  Potter  v.  Chapin,  6  Paige.  639.) 

Libraries.  When  neither  the  inhalntants  of  the  district  nor  the  trustees 
have  made  any  regulations  or  directions  touching  the  rights  of  the  inhabitants 
and  the  duties"  of  the  librarian,  an  action  will  not  lie  by  an  inhabitant  against 
the  librarian  for  refusing  to  her  or  to  her  children  access  to  the  library  and 
permission  to  take  books  therefrom.  The  remedy  is  through  the  trustees,  in 
whom  by  statute  (1  Rev.  Stat,  [ith  ed.],  900-908)  the  title  to  the  library  is  vested. 
{Supreme  Court,  1856,  Keunedij  v.  Pay,  22  Barb.,  511.) 

Appeal.  Under  1  Revised  Statutes  (2d  edition),  481,  section  124,  as  amended 
by  the  act  of  1830,  a  controversy  between  the  trustees  of  a  district  and  one  of  tho 
commissioners  of  the  town,  in  regard  to  the  paying  by  tho  latter  of  money  in 
his  hands  to  the  former,  is  a  subject  of  ajipeal  to  the  Superintendent ;  and,  if, 
instead  of  appealing,  they  sue,  and  have  judgment,  but  the  court  certify  that 
it  appeared  that  he  acted  in  good  faith,  he  is  exonerated  from  costs  by  the 
Laws  of  1841,  242,  section  33.  {Same  StoA ,  1  Rev.  Stat.  [3d  ed.],  556,  sec.  177; 
Supreme  Court,  1846,  ex  parte  Beuiu-lt,  3  Berrio,  175.) 

As  to  what  decisions  of  a  town  supc^rintendent  may  be  reviewed  by  the  State 
Superintendent  of  Puldic  Instruction,  see  People  ex  rel.  Owen  v.  Masters,  21 
Parb.,  252.  Title  12  of  chapter  555,  Laws  of  18G4,  has  removed  all  doubts 
about  the  right  of  the  Superintendent  of  Public  Instruction  to  hear  and  decide 
appeals  upon  all  questions  arising  under  all  the  acts  relating  to  common 
Bchools. 

Collection  of  costs,  etc.,  of  suits  aoainst  school  officers.  It  is 
not  nt!ces8ary  that  an  account  of  costs,  etc.,  of  school  ofTicers,  imder  the  second 


New  Yokk  State  Courts.  447 

section  of  cliaptcr  173,  of  tlic  Laws  of  1S47,  should  be  submitted  to  the  taxable 
inhabitants  of  the  district  previous  to  its  beinjr  laid  before  the  board  of  super- 
visors for  its  action  ;  nor  that  a  majority  ot  the  taxable  inhabitants,  previous 
to  the  action  of  the  board  of  supervisors  thereon,  should  determine  tiiat  the 
amount  of  such  costs,  charges  and  exi)ensfs,  should  be  ascertained  by  the 
board.  Section  1  of  that  act,  as  amended  by  the  Laws  of  1849,  chapt  -r  388,  is 
intended  to  apidy  to  costs,  etc.,  which  a  majority  of  the  taxable  inliahitants  are 
willin.<T  to  pay,  and  enables  the  district  to  levy  and  collect  the  tax.  The  other 
Bections  a])i)ly  to  tlie  costs,  etc.,  which  the  district  ou<jht  to  pay,  but  are  unwill- 
ing to  do  so,  and  will  not  pay  except  ii]X)n  compulsion.*  {Supicme  Court, 
Special  T-rm,  18o2,  People  ex  rd.  Gale  v.  Trwike-:  of  No.  13,  8  IIoiu.  I'r.,  125  ;  and 
Bee  the  opinion  of  the  court  on  issuing  the  mandamus  in  this  case,  6  id.,  332  ; 
approved  in  People  ex  rel.  Atkinn  v.  Van  D^uven,  8  Hmo.  Pr ,  358  ;  but  compare  to 
the  contrary  .9.  C^.,  10  id.,  143  ;  and  compare  10  id.,  4G8.) 

The  board  of  supervisors  of  a  county  have  no  authority  to  direct  that  the 
judgment  in  an  acti:)n  against  the  trustees  individually,  and  not  in  their  offi- 
cial capacity,  shall  be  collected  from  the  taxable  inhabitants  of  the  district, 
unless  the  latter  have,  under  Laws  of  1847,  page  1G3,  voted  to  indemnify  the 
officers  thus  sued.  {Saprtmt  Court  Circuit,  1854,  Ptople  ex  rel.  Atkins  v.  Snyder, 
10  Ilojv.  Pr.,  143.) 

The  jurisdiction  of  the  board  of  supervisors  to  grant  an  order  under  Laws  of 
1847,  1()3  ;  1849,  545  ;  does  not  depend  upon  any  action  of  the  inhabitants  in 
the  district.  {Supreme,  Court.  1854,  Pcple  ex  rd.  Gale  v.  Green.  10  IInu   Pr.,  468.) 

Asylum  societies.  Law  of  1848.  The  provision  of  chapter  75,  of  the 
Laws  of  1848,  85,  declaring  that  the  orplian  asylum  societies  of  the  city  of 
Brooklyn  shall  participate  in  the  distribution  of  the  common  school  moneys 
raised  in  said  city,  is  not  to  be  construed  to  apply  to  the  public  moneys  arising 
from  the  State  fund.  First,  the  language  restricts  the  right  to  mom-ys  raised 
in  that  city.  Second,  if  the  broader  construction  were  given,  the  act  would 
bo  unconstitutional.  {Stipre)rie  Court,  1851,  People  v.  Hoard  of  Education  of  Brook- 
lyn,  13  Barh  ,  400.) 

The  dicluiii  of  the  court  in  No.  2  does  not  prevent  the  execution  of  the  act, 
chapter  2G1,  Laws  of  1850,  ])age  500,  permitting  all  the  incorporated  orphan 
asylums  in  the  State  to  share  in  the  distribution  of  the  school  moneys. 

Common  school  fund.  A  statute  (Laws  of  1848,  85)  authorizing  an  orphan 
asylum,  whose  trustees  have  a  right  to  reject  or  admit  applicants,  to  share  in 
the  revenues  of  tlie  common  school  fund,  is  unconstitutional.  Such  an  as3'luin 
is  not  a  common  school.  {Supreme  Court,  1851,  People  v.  Board  of  Education  of 
Brooklyn,  13  Harh.,  400.) 

Trustees,  etc.,  of  school  district.  The  principle  that  the  official  character 
of  public  scliool  otficers  may  be  established  by  proving  tliat  they  are  g.Mierally 
reputed  to  be  and  have  acted  as  such  officers,  without  i)roducing  their  com- 
mission or  other  evidence  of  their  appointment,  is  applicable  totho  trustees  or 
collector  of  a  school  district.  {Supreme  Court,  1831,  Jiiiuj  v.  Grout,  7  Wend.,  341 ; 
1832,  McCoy  v.  Ctirtire.  9  id,  17.) 

The  trustees  of  a  school  district,  justifying  as  such,  are  not  bound  to  prove 
that  the  district  was  duly  organized  ;  it  is  enough  if  they  show  that  it  had  been, 
in  fact  organized.  {Su/iretne  Court.  1847,  SteceJis  v.  Neioco)nh,  4  Deitio.  437.) 

A  MINISTEUIAL  OFFiCEii  is  protected  in  the  execution  of  the  process  of  a 
court  or  officer  of  even  limited  jurisdiction,  although  the  court  or  officer  has 
acquired  no  jurisdiction  of  the  person,  if  it  appears  on  the  face  of  the  process 
that  th(!  subject-matter  of  tlie  suit  is  within  tlieir  jurisiliction,  and  nothing 
ai)i)oars  on  tlie  face  of  the  process  to  show  a  want  of  jurisdiction  in  other 
respects.  (Citing  2  Sl-range.  710.  1002  ;  Willi.'',  30  ;  6  T.  A'..  242,  053  ;  !)  Johns.,  229  ; 
and  disapi)ruving,  3  Cranch.,  331,  and  cases  supra.)  So  hell  in  cas3  of  an  execu- 
tion on  a  justice's  judtrment.  {Supreme  Court,  lS:iO.  Savacoolv.  Bou/lit'ni.  5  Wend., 
170  ;  followed  1834.  citing  also  5  Wend.,  231,  240  ;  9  id.,  17,  35  ;' 7  id.,  89,  and 

*  Note.  A  (lift'er«nt  modu  of  enforcing  the  cliiiins  of  school  ofllccrs  ic  provided  by  sec* 
tions  6,  7,  8,  9,  10  and  11,  title  13  of  chapter  555,  Laws  of  1804.    Sec  ante,  p.  22i>. 


448  Digest  of  Decisions  of 

distinguisliing,  6  id.,  438  ;  Coon  v.  Congden,  12  id.,  495  ;  1853,  ITenryv.  Lniudl,  16 
Rirb. ^2C)S  ;  Court  of  Appeals.  1849,  Sheldon  v.  Van  Buskirk,  2  N.  Y.  [2  Comfii.], 
473;  approved,  Court  of  Errors,  \S:'>i>  [distinguisliing,  13  Johns.,  444,  and  3 
Crunch.,  331],  Pai-ker  v.  Walrod,  16  We^d..  514  ;  affirming,  5".  C,  13  id.,  296  ; 
^.  7'.,  Supreme  Cnirt.  1834,  Furmelrc  v.  ILtchock,  12  u/.  96.) 

So  held,  of  a  justice  who  issued  a  process  in  compliance  with  the  highway 
acts,  to  enforce  a  tax  assessed  on  a  person  not  legally  liable  to  be  taxed. 
(Saprerne  Court  1812,  Beach  v.  Furman,  9  Johns  ,  239.  approved,  and  the  adverse 
case  of  Suydam  v.  Kei/s,  13  John'<.,  444,  disapproved  in  S'vacool  v.  Boughton,  5 
Wend.,  170  ;  and  see  Chegary  v.  Jenkins,  5  N.  Y.  [1  Sdd.].  376.) 

So,  also,  in  the  case  of  a  tax  collector,  in  collecting  a  tax  upon  property, 
which  in  fact  was  entitled  to  exemption  from  assessment.  {Court  of  Appeals, 
Gheijary  v.  Jenkins,  5  .V.  Y.  fl  Sdd.],  376.) 

So  held  in  the  case  of  a  tax  collector,  where  the  trustees'  apportionment  of 
the  tax  had  been  made  upon  a  wrong  principle.  {Supreme  Court,  1831,  Alexander 
V.  Hoyt,  7  Wend.,  89.) 

So  lield.  also,  when  the  meeting  which  laid  the  tax  Avas  illegal.  {Supreme 
Court,  1846.  Abbott  v.  York,  2  Benio,  86  ;  .SI  T.,  1832,  Reynold'^  v.  Moon.  9  Wend.,  35.) 

So  held  in  the  case  of  a  sheriff  taking  B's  goods  from  A's  possession,  under  a 
writ  of  rei)levin  against  A,  specifying  the  goods.  {Supreme  Court,  1855,  Foster  v. 
Pettlhone.  20  Barb..  350,  disapproving  Tlwmpson  v.  Heijnolds.  14  id.,  506.) 

Tliis  principle  applies  to  every  triljunal  of  special  and  limited  jurisdiction,  e.  rj., 
the  Superintendent  of  Common  Schools,  and  this  whether  his  determinations 
are  termed  orders  or  judgments.  {Supreme  Court,  1845,  Bennett  v.  Burch,  1  Benio, 
141.) 

Also,  when  the  objection  was  that  the  justice  whose  process  was  executed 
was  only  an  officer  de  facto.  (1830,  Wdcox  v.  Smith,  5  Wead.,  231 ;  S.  T.,  1848, 
Weeks  v.  Elhs,  2  Barb.,  320.) 

And  in  case  of  rfe  facto  trustees  of  a  school  district.  (1832,  McCoy  v.  Curtice,  9 
Wend.,  17;  Reynolds  v.  Moon,  id.,  35.) 

So,  also,  when  the  objection  was,  that  the  judgment  on  which  the  process 
issued  had  been  satisfied.  (1830,  McGuinly  v.  H'^rrick,  5  Wend.,  240;  1831,  Leiuis 
V.  Palmtr,  6  id.,  307;  .S'.  T.,  Court  of  Appeals,  1848,  Uuckman  v.  Coicell,  1  N.  Y. 
[I  Comst  ],  505») 

In  the  case  of  a  tax  collector,  nothing  is  necessary  but  a  regular  warrant. 
{Coiut  of  Appeals,  1849,  Seldon  v.  Van  Buskitk,  2  N.  Y.  [2  Comst.'],  473  ;  but  com- 
pare Van  Reusselaer  x.  Whitbeck,  7  K.  Y.  [3  Seld.],  517  ;  reversing  S.  T.,  7  Barb.,  183.) 

When  the  illegality  of  a  tax  appears  on  the  face  of  the  warrant,  the  collector 
who  levies  it  is  liable  in  trespass.  {Chancer i/,  1834,  Bank  of  Utica  v.  City  of  Utica, 
APaiye,  399;  Supreme  Court,  1837,  Clarkv.' Ilallock.  10  Wend.,  mi ;  S.  T.  applied 
in  the  case  of  an  attachment.  Court  of  Appeals,  1851,  Casteltanos  v.  Jones,  5  A^.  Y. 
[1  Sdd.],  164.) 

If  the  warrant  issued  by  the  trustees  of  a  school  district  fof  the  collection 
of  a  school  tax  directs  the  collector  to  collect  the  amount  of  the  assessments 
together  witli  five  cents  on  each  dollar,  contrary  to  the  Laws  of  1845,  chapter 
180,  section  31,  which  direct  the  collector's  fees  not  to  be  inserted  in  the  Avar- 
rant,  this  is  an  excess  of  authority  in  the  trustees  so  far  as  relates  to  the  fees, 
and  tlie  warrant  is  no  protection  to  the  collector.  {Supreme  Court,  1854,  Stroud 
V.  Butler,  18  Barb.,  327.) 

ExE.Mi'T  PKOPEUTY.  An  officer  is  not  protected  by  the  execution  in  taking 
property  which  is  exempt  from  execution.  {Supreme  Court,  1853,  Hoyt  v.  Van 
Alstyae,  15  Barb.,  568.) 

Taudy  exixution.  If  the  collector  of  school  taxes  sells  property  after  the 
expiration  of  the  time  limited  in  the  warrant,  he  acts  without  authority  and 
becomes  a  tresjiasser.  {Supreme  Court,  1854,  Stroud  v.  Butler,  18  Barb.,  327  ;  dis- 
tinguishing, Sh  Idoa  V.   Van  B'iskl.rk,  2  N.  Y.  [2  Comst.],  473.) 

I.MiM-iKO  I'OWKR  TO  SUE.  When  a  public  ofiice  is  instituted  by  the  Legisla- 
ture, an  ini[)lied  authority  is  conferred  on  the  otRcer,  as  inciilcnt  to  his  office,  to 
bring  all  suits  which  the  proper  and  faithful  discharge  of  his  official  duties 


New  York  State  Courts.  449 

requires.  So  held  of  overseers  of  the  poor.  (Supreme  Court,  1820,  Overseers  of 
Pittstown  V.  Overseers  of  Plattsburrjh,  18  JoJuis.,  407  ;  1826,  Todd  v.  Birdsall,  1  Cotv., 
2G0;  1828,  Grant  v.  Fancher,  5  id.,  300;  1830,  Armine\.  Spencer,  i  Wend.,  40G  ; 
1843,  Supervisor  of  Galway  v.  Slimson,  4  Hill,  136.  ^So  lidd  of  the  supervisor  of 
a  town.  {Supreme  Court,  1824,  Jansen  v.  Ostrnnder,  1  Co?f.,  670.) 

Implied  li.\.bilixy  to  be  sued.  For  the  same  reason  the  overseers  of  the 
poor  may  be  sued,  and  as  well  for  liability  incurred  by  their  predecessors  as 
one  incurred  bv  themselves.  {Supreme  Court,  1823,  Todd  v.  Birdsall,  1  Cow.,  260 ; 
S.  T,  1829,  Paimer  v.  Vandenhurgh,  3  Wend.,  193.) 

So  held  of  trustees  of  school  districts  in  an  action  for  a  teacher's  wages, 
under  a  contract  with  their  predecessors.  (2  Rev.  Stat.,  476,  sec.  108 ;  Supreme 
Court,  1831,  Silver  v.  Cummimjs,  7  Wend.,  181 ;  1843,  Williams  v.  Keech,  4  HiU, 
168.) 

Trustees  of  a  school  district  who  go  out  of  office  before  the  time  of  payment 
upon  their  contract  arrives  cannot  be  sued.  Id. 

The  bond  of  a  town  collector,  taken  in  the  name  of  the  supervisor, 
passes  to  his  successor,  and  should  be  sued  in  the  name  of  the  supervisor  in 
office  when  the  default  happens  ;  except  that  when  the  latter  is  dead,  the  suit 
should,  under  Laws  of  session  44,  chajjter  195,  be  in  the  name  of  his  personal 
representatives.  {Supreme  Court,  1824,  Junsen  v.  Ostrander,  1  Coiv.,  670.) 

Residence.  A  person,  though  he  can  have  but  one  domicile,  may  have  two 
residences.  When  one  resided  in  a  hired  house  in  the  city  during  "the  winter, 
and  at  his  country  seat,  in  another  county,  during  the  summer,  and  was  assessed 
as  a  resident  of  the  city  fir.st,  and  afterward  as  a  resident  at  his  country  seat, 
held,  that  the  first  assessment  was  jn-oper,  and  his  remedy  was  to  have  objected 
to  the  second  assessment.  He  could  not,  after  paying  the  second  assessment, 
resist  the  collection  of  the  first.  {N.  Y.  Superior  Court,  1853,  Douglas  v.  Mayor, 
etc.,  of  N.  Y..  2  Duer,  110.) 

Lands  owned  by  a  non-resident,  but  occupied,  may  be  assessed  either  against 
the  occupant  or  the  non-resident  owner.  {Court  of  Appeals.  1852,  Van  Rensselaer 
v.  Cotlrdl,  Sdd.,  notes  No.  1,  2,  3 ;  affirming  .S'.  d,  7  Barb.,  127.) 

Non-residents.  Assessors  are  not  authorized  by  the  statute  to  insert  in 
the  assessment  rolls  the  names  of  non-resident  owners  of  real  property.  In 
the  case  of  a  non-resident,  the  land  is  to  be  assessed  without  naming  tlie 
owner.  Hence  the  collector  cannot  levy  a  tax  upon  any  personal  property  of 
non-residents.  The  warrant  does  not  authorize  the  seizure  and  sale  of  the 
property  of  persons  not  named,  or  whose  names  it  is  apparent  from  the  face 
of  the  papers  tlie  assessors  had  no  right  to  set  down.  {Supreme  Court,  Sp.  Term,, 
1853,  K  Y.  &  Ilirlem  R.  R.  Co  ,  v.  Lijon,  16  Barb.,  651.) 

School.  Buildings  used  for  a  private  boarding-school  are  not  exempt  from 
taxation,  by  1  Revised  Statutes,  388,  section  4,  which  exempts  every  buihling 
erected  for  the  use  of  a  college,  incorporated  academy,  or  other  seminary  of 
learning,  and  every  building  for  public  worship,  every  school-house,  court- 
house.ind  jail.  The  word  "school-house"  means  only  buildings  for  public 
Bchool's ;  and  the  words  "other  seminary  of  learning  "  are  to  be  understood  as 
incorporations  by  force  of  the  general  words  preceding,  {.-ippeab,  1855,  C'kegary 
V.  Mayor,  -tc,  of  K  Y,  13  Y.  Y.  [3  Kern.].  220  ;  to  similar  cfiect  AT.  Y.  Superior 
Court,  1855,  Ckegary  v.  Jenkins.  3  Sandf,  409.) 

Trustees.  Under  1  Revised  Statutes,  389-399,  tho  individual  property  of 
an  executor,  administrator,  guardian  or  trustee,  may  be  taken  for  a  tax  imposed 
upon  him  in  his  representative  capacity,  where  no  property  of  the  testator, 
intestate  or  cestui  que  trmt  can  be  found.  It  is  a  personal  tax  upon  the  executor, 
etc.,  in  his  special  character  as  trustee.  If  there  be  joint  executors,  etc.,  each 
is  taxable  only  for  that  portion  of  the  trust  property  in  his  possession  or  under 
his  control.  {Supreme  Cairt,  1830,  Williams  v.  Hidden,  4  Wend.,  223.) 

Apportioning  school  t.vx.  The  authority  which  the  trustees  of  a  school 
district  are  required  to  administer,  in  apportioning  a  tax,  involves  the  exercise 
of  judgment  and  discretion,  a  jiowcr  wliich  cannot  be  delegated.  (3  iV.  i",  396  ; 
Supreme  Court,  1856,  A'eefer  v.  Frosl,  20  Barb.,  400.) 

57 


450  Digest  of  Decisio^ts  of 

Expiration  OI''  warrant.  The  powers  of  a  scliool  district  collector, 
derived  from  a  warrant  issued  for  tlie  collection  of  a  tax  or  rate  bill,  cease  with 
the  expiration  of  the  time  limited  in  the  warrant  for  collection,  when  his 
liability  for  not  collecting,  etc.,  becomes  fixed,  unless  the  warrant  is  renewed 
by  the  trustees.  Without  a  renewal  he  is  then  a  trespasser  if  he  executes  it. 
(Siip7-enie  Court,  1854,  Sti-ond  v.  Butler,  18  Barb.,  827.) 

Renewing.  Under  1  Revised  Statutes,  484,  sections  98, 102,  which  provides 
that  the  warrant  to  collect  school  taxes  must  be  signed  by  the  trustees  or  a 
majority,  and  that  the  trustees  may  renew  it,  a  majority  of  the  trustees  may 
renew  the  warrant,  and  it  may  be  renewed  more  than  once.  {Siqjreme  Court, 
1840,  Foisom  v.  Streeter,  24  Wend.,  2G6.) 

Under  the  power  to  renew  a  warrant,  they  may  issue  a  new  warrant. 
{^Supreme  Court,  1848,  Smman  v.  Benson,  4  Barb.,  444.) 

When  a  warrant  for  the  collection  of  a  school  tax  is  not  issued  until  after  its 
renewal,  it  becomes,  by  the  renewal  and  delivery  to  the  collector  for  collection, 
a  valid  and  effectual  process,  for  all  purposes,  as  of  the  date  of  the  renewal. 
(4  Hill,  109  ;  3  id.,  495  ;  Supreme  Court,  1853,  Barker  v.  Brov.'n,  17  Barb.,  145.) 

SeaIj.  The  trustees  of  a  school  district  made  out  and  issued  their  warrant 
without  a  seal,  though  a  seal  was  required  by  the  statute,  and,  after  several 
renewals  without  seal,  renewed  it  with  seal.  Held  valid,  as  in  effect  a  new 
warrant.  (Supreme  Court,  1842,  Smitli  v.  Randall,  3  Hill,  495 ;  followed,  1845 
in  a  further  decision  in  S.  C,  1  Benio,  214 ;  to  similar  effect,  1853,  Parker  v. 
Brown,  17  Barb.,  145.) 

Regularity  op  tax.  The  question  whether  an  individual  banker  was 
taxable  in  the  town  or  ward  in  which  the  assessment  was  made  cannot  be 
raised  to  affect  the  validity  of  the  tax  warrant,  regular  on  its  face,  as  against 
the  oHicer  executing  it ;  nor,  when  the  process  is  against  an  individual  bank, 
by  the  name  in  which  it  does  business,  which  name  is  apparently  that  of  a 
corporation,  and  such  bank  has  a  place  of  business  within  the  jurisdiction  of 
the  assessors  and  of  the  officer  executing  the  process,  can  its  owner  be  per 
mitted,  as  against  the  olfieer  levying  on  the  money  or  property  of  the  bank,  to 
claim  that  it  is  not  a  lawful  corporation,  and  not  taxable  by  its  apparent 
corporate  name.  (5  Wend.,  170 ;  5  K  Y.,  376 ;  Supreme  Court,  1858,  Patchin  v. 
Bitter,  27  Barb.,  34.) 

School  tax.  For  two  weeks  after  receiving  the  warrant  of  the  trustees  of 
a  school  district,  the  collector  acts,  under  it,  as  the  mere  receiver  of  such  taxes 
as  shall  be  voluntarily  paid  to  him.  {Bans  of  1849,  535,  sec.  5.)  If  he  assumes 
to  enforce  payment  during  that  time,  he  is  a  trespasser.  {Supreme  Court,  1853, 
Packer  v.  Brown,  17  Barb.,  145.) 

A  tax  can  be  said  to  be  "  collected  "  only  when  it  has  been  paid  by  those  on 
whose  property  it  has  been  levied.  (iV.  Y.  Com.  Pleas,  Sp.  Term,  1857,  Fltzpatrick 
V.  Flarjg,  5  Abbott's  Pr.,  213.) 

Collector.  The  warrant  is  a  i)rotection  to  the  collector,  notwithstanding 
an  error  in  the  description  of  the  lands  assessed.  {Court  of  Appeals,  1852,  Van 
Rensselaer  v.  Cottrell,  Seld.,  notes  No.  1,  2,  3.) 

Changing  site.  Although,  by  I.aws  of  1847,  chapter  480,  section  73,  the 
consent  of  the  supervisor  of  the  town  is  necessary  to  cliange  tlie  site  of  a 
Bchool-house,  it  is  not  ess(aitial  that  such  consent  should  have  been  given 
before  the  district  meeting  votes  for  such  change.  (17  Wend.,  439 ;  Su2)reme 
Court,  18G2,  Cotton  v.  Beardsley,  38  Barb.,  29.) 

Power  of  trustees  im  iiespect  to  vacancies.  Under  laws  of  1851, 
chapter  38(5,  section  10,  subdivision  7,  whicli  authorizes  the  trustees,  by  a  vote 
of  a  majority,  to  declare  vacfut  the  seat  of  any  trustee  who  shall  refuse  to 
attend  three  stated  meetings,  the  tender  by  a  trustee  of  his  resignation,  with 
its  a,cc(!ptance  l)y  a  majority,  renders  his  seat  vacant.  {N.  Y.  Com.  Pleas,  1863, 
Gildersleeve  v.  Board  of  Education,  17  Ahbolt's  Pr.,  201.) 

Power  of  trustees  in  respect  to  teachers.  The  power  of  the  board 
of  trustees  to  employ  teachers  under  the  same  statute,  coupled  with  the 
j!;eneral   authority  to  conduct  and  manage  the  schools,  necessarily  implies 


New  York  State  Courts.  451 

the  right  to  remove  them ;  especially  under  a  by-law  of  the  board  of  educa- 
tion, refrulatinji  the  proceedings  on  such  reinoval.  M. 

Tlie  ])o\ver  of  the  city  superintendent,  under  tlie  same  statute,  to  annul  the 
certificate  given  to  any  teacher,  is  distinct  from  the  power  of  the  trustees  to 
remove  the  teacher    Id. 

A  certificate  issued  under  the  Laws  of  1851,  chapter  386,  section  11,  making 
it  the  duty  of  the  city  superintendent,  under  general  regulations  of  the  board 
of  education,  to  examine  into  the  qualifications  of  persons  proposed  as  teachers 
of  common  schools  in  the  city  of  New  York,  and  to  grant  certificates,  need 
only  specify  in  wliich  class  of  schools,  and  in  Avhat  capacity,  tlie  person  is 
qualified  to  teach.  Id. 

And  when  under  this  statute,  and  a  by-law  of  the  board  of  education,  which 
required  that  the  certificate  given  should  express  the  grade  of  the  teacher,  the 
superintendent  gave  a  certificate  expressing  the  grade,  and  that  the  teacher 
was  qualified  as  first  assistant  of  a  giammar  school,  held,  that  in  the  absence 
of  evidence  of  any  further  regulation  of  the  board,  the  teacher  might  lawfully 
serve  as  principal  of  the  ])rimary  department  of  a  granmiar  school.  /(/. 

Removal  ok  residence.  The  office  of  a  trustee  of  common  schools  in  the 
city  and  county  of  New  York  becomes  vacated  by  the  removal  of  the  incum- 
bent from  the  coimty.  (1  liev.  Stut.,  123 ;  N.  Y.  Com.  Plea-'!,  1863,  Gilderslecve  v. 
Board  of  Education,  17  Ahb.  Pr.,  201.) 

How  FAR  PROCESS  IS  A  PROTECTION.  The  insertion  by  trustees  of  a  school 
district  in  their  warrant  for  the  collection  of  a  school  tax  for  the  same,  of  a 
charge  which  tliey  are  not  authorized  to  collect,  without  a  vote  of  the  district, 
does  not  render  tlie  warrant  void  except  for  the  excess,  and  does  not  render 
them  personally  liable  in  damages  for  enforcing  it,  but  they  are  liable  only  to 
an  action  for  recovering  back  the  excess.  {Supreme  Court,  1860,  Colton  v.  Beards- 
ley,  38  Barl\,  29.) 

Warrant.  After  a  warrant  for  the  collection  of  taxes  had  been  used  to 
collect  an  assessment,  the  assessment  was  detached  from  it,  and  a  second 
assessment  attached  to  it,  and  the  warrant  thus  altered  was  delivered  to  the 
collector  for  collection.  IMd,  that  it  was  in  legal  effect  a  new  warrant,  and 
valid  as  such.  {Supreme  Court,  1860,  Coltoyi  v.  Beardsley,  38  Barb.,  29.) 

Taxation.  The  fact  that  a  bank  owns  stocks,  bonds  and  other  securities  of 
the  United  States,  in  amount  exceeding  its  capital  and  surplus  earnings,  and 
that  the  total  value  of  all  its  other  personal  property  does  not  exceed  the 
amount  of  the  debts  it  owes,  Avill  not  exempt  it  from  taxation  on  account  of 
personal  property,  on  the  ground  that  the  capital  of  the  bank  is  its  surplua 
after  paying  all  its  debts,  and  that  in  the  given  case  it  will  require  all  its  per- 
sonal projw'rty,  other  than  its  investments  in  United  States  securities,  wliich 
are  not  taxable.  {The  People  e.x,  rel.  The  Lockport  City  Bank  v,  Tlie  Board  of  Educa- 
tion, Supreme  Court,  1866,  46  Barb.,  588.) 

The  relator  was  a  bank  organized  under  the  general  banking  law  of  1838, 
with  a  cajjital  of  $104,000.  The  cost  of  its  real  estate  was  about  $14,000,  its 
surplus  profits  were  about  $34,000  or  $35,000.  and  it  had  about  $203,500  of 
United  States  stocks  or  bonds,  and  had  about  $65,000  of  other  stocks  deposited 
as  security  with  the  Imnk  department  of  the  b'tate,  and  about  $120,000  of 
United  States  stocks.  It  held  and  owned  stocks  and  bonds,  and  other  securi- 
ties of  the  United  States,  to  an  amount  exceeding  its  entire  capital,  including 
all  its  surplus  profits,  earnings  and  reserved  funds ;  and  the  total  value  of  all 
its  other  personal  property  and  estate  did  not  excecnl  the  amount  of  debts  due 
the  bank.  The  bank  was  assessed,  on  account  of  its  i)ersonal  property  or  estate, 
the  sum  of  $102,400,  being,  as  alleged,  the  whole  amount  of  its  capital  stock 
paid  in,  and  of  all  its  surplus  profits,  or  reserved  funds,  less  ten  per  cent  thereof, 
after  deducting  thert^froin  tlie  value  of  its  real  estate.  Jfeld,  that  the  relator, 
not  having  sliown  tliat  any  of  its  ca])ital  stock  was  invested  in  United  States 
securities,  or  that  it  was  assessed  for  any  part  of  its  property  invested  in  such 
securities,  was  not  entitled  to  a  writ  of  mamlamm,  commanding  the  assessors 
to  amend  the  assessment  and  the  asses.sment  roll,  by  striking  therefrom  thft 
assessment  of  the  bank,  for  or  on  account  of  personal  property.  Id. 


452  Digest  of  Decisions  of 

The  provision  of  the  statute  requiring  the  assessors  to  set  down  in  the 
assessment  roll  the  full  value  of  all  the  taxable  personal  property  of  the 
person,  after  deducting  the  just  debts  owing  bv  him,  has  no  relation  to 
the  taxation  of  moneyed  corporations. 

The  eifect  of  the  decision  of  the  Supreme  Court  of  the  United  States  in  the 
cases  of  The  People  ex  rel.  The  Bank  of  the  Commonwealtk  v.  The  ComniKsioners  of 
assessments,  etc.,  in  the  City  of  Ntxu  York,  and  The  Same  ex  rel.  The  Bank  of  Com- 
merce  v.  Tue  Same  (2  Wal.,  200),  was  neither  more  nor  less  than  that  the  State 
cannot  by  any  system  of  taxation  assess  and  tax  the  securities  of  the  United 
States,  whether  held  or  owned  l)y  corporations  or  individuals ;  nor  can  such 
holder  or  owners  be  taxed  on  account  of  such  securities,  or  their  value.  Jd. 

That  decision  does  not  declare  the  act  of  the  Legislature  "  in  relation  to  the 
taxation  of  moneyed  corporations  and  associations "  passed  April  29,  1863 
(Laws  of  1863,  p.  435),  to  be  unconstitutional.  The  effect  of  the  decision,  how- 
ever, may  be  to  annul  the  act,  and  render  it  inoperative  in  cases  where  the 
capital  of  the  bank  is  wholly,  or  in  part,  invested  in  securities  of  the  United 
States.  In  such  cases  tlie  statute  might,  perhaps,  be  impracticable  ;  or,  possi- 
bly, our  courts  would  hold  the  statute  operative  to  the  extent  of  the  capital 
stock  not  invested  in  United  States  securities.  Id. 

The  capital  of  the  Exchange  Bank  at  Lockport  was  $150,000  ;  the  value  of 
its  real  estate  was  $7,000,  and  its  surplus  earnings,  less  than  ten  per  cent, 
were  $41,151.16.  Its  State  stocks  and  bonds  and  mortgages,  deposited  with 
the  Superintendent  of  the  Banking  Department,  amounted  to  $18,300,  and  its 
United  States  stock  so  deposited  amounted  to  $32,000.  Its  other  bonds  and 
mortgages  amounted  to  $14,000.  It  held  and  owned,  in  all,  $72,000  in  United 
States  stocks.  The  total  value  of  all  its  personal  property  and  effects,  exclusive 
of  the  stocks,  bonds  and  other  securities  of  the  United  States,  held  and  owned 
by  it,  did  not  exceed  the  sum  of  $112,000,  over  and  above  the  debts  due  and 
owing  by  it.  It  was  assessed  on  account  of  its  personal  property  for  $165,980. 
Held,  that  the  proper  mode  of  assessment  was  adopted,  under  the  act  of  the 
Legislature  of  1803,  relative  to  the  taxation  of  moneyed  corporations,  etc.,  that 
is,  by  taking  into  the  account  the  capital  stock,  the  value  of  the  real  estate  and 
the  surplus  earnings  less  the  ten  per  cent,  and  that  upon  this  principle  the 
assessment  was  not  excessive.  {The  People  ex  rel.  The  Exchange  Bank  at  Lockport 
V.  The  Board  of  FAucation,  etc.,  Supreme  Court,  1866,  46  Barh.,  598.) 

Held,  also,  that  it  was  incumbent  upon  the  bank  to  show  that  the  assess- 
ment included  and  operated  upon  a  portion  of  its  property  invested  in  United 
States  securities ;  and  that,  this  not  having  been  shown,  no  case  was  made  for 
a  mandamus,  directing  the  assessors  to  correct  the  assessment  roll  lor  personal 
property,  by  reducing  the  amount  therein,  from  $165,980  to  $112,000.  Id. 

The  supreme  court  will  not  interfere  to  review  or  overrule  deciFions  of  the  Department  of 

Public  Instruction. 

At  the  Monroe  special  term,  June,  1867,  E.  Darwin  Smith,  Justice,  delivered 
the  opinion  of  the  court,  as  follows  : 

This  is  an  action  under  the  Code,  section  432,  brought  by  the  Attorney- 
Oenc'ral  in  tlu;  name  of  the  people,  upon  the  relation  of  Jerome  Hill,  to  try  the 
title  of  the  defendant  Collins  to  the  otiice  of  trustee,  and  of  the  defendant  Van 
Voorhees  to  the  office  of  collector  of  school  district  No.  9,  ia  the  town  of  Victor, 
county  of  Ontario.  Such  action  is  a  substitute  for  the  writ  of  quo  v.arranto, 
and  may  be  brought  where  any  pensBu  shall  usurp,  intrude  into,  or  unlawfully 
hold  or  exercise  any  public  office,  civil  or  niilitary,  or  any  franchise  within  this 
State.  The  only  issue  which  can  be  raised  or  tried  in  the  action  is  tlu;  title  to 
the  office  and  of  ouster  as  against  the  defendant,  or  of  dismissal  of  the  com- 
plaint if  th(!  people  fail  in  tlie  action.  The  question  whether  the  relator  or 
the  defendant,  Collins,  is  the  legal  trustee  of  said  school  district,  has  been  pre- 
sented to  the  Superintendent  of  Public  Instruction,  been  passed  uiion  by  him, 
and  expressly  adjudicated  in  favor  of  the  defendant,  in  a  decision  made  by  hira 
on  the  18th  day  of  February  last.     This  decision  covers  the  whole  question 


New  Youk  State  Courts.  453 

which  can  be  tried  and  decided  in  this  action,  and  tlie  question  presented  to 
this  court  is  wliether  this  action  will  lie  to  review  such  decision  of  the  Sujier- 
intendent,  notwitlistau(lin<j  sucli  decision. 

I  have  no  doubt  tliis  decision  is  bindinf^  and  conclusive  upon  these  parties, 
and  that  this  action  cannot  be  maintained.  The  Leofislature  clearly  intended 
that  all  questions  r(;Uitin<f  to  the  holdino:  of  school  district  mcctinjjs,  and  any 
and  all  oilicial  acts  of  school  officers,  trustees,  commissioners,  supervisors  or 
others  relating  to  the  conduct  of  common  schools,  or  coucerninjj  any  matter, 
act  or  duty  required  or  performed  under  the  law  providing  for  the  organization 
and  maintenance  of  common  schools  or  any  law  relating  or  pertaining  thereto, 
Bhould  or  might  bo  jiresented  on  appeal  to  the  Superintendent  of  Public 
Instruction,  and  should  be  decided  by  him ;  and,  when  so  decided,  the  act, 
section  1,  title  13,  of  the  act  of  18G4,  relating  to  public  instruction.  Session 
Laws,  page  1244,  expressly  declares  that  "  the  decision  of  such  Superintendent 
shall  be  final  and  conclusive,  and  not  subject  to  question  or  review  in  any  place 
or  court  whatever."  I  have  no  doubt  this  is  a  valid  act,  and  that  the  Legisla,- 
ture  had  ample  power  to  pass  it.  It  was  designed  to  save  and  prevent  litiga- 
tion in  the  courts  in  respect  to  the  many  questions  of  dispute  constantly  arising 
in  the  school  districts  of  the  State  in  respect  to  school  officers  and  the  conduct 
of  such  officers  in  the  managemeitt  and  control  of  the  affiurs  of  the  common 
schools.  It  seems  to  me  that  it  was  a  wise  and  judicious  provision  to  settle 
Bchool  controversies  promptly  and  summarily,  and  save  districts  and  district 
officers  the  trouble,  vexation,  strife  and  expense  of  litigation  in  the  courts. 
But,  if  it  were  otherwise,  the  courts  are  bound  to  obey  the  law  and  refrain 
from  any  review  of  the  proceedings  or  decisions  of  the  Superintendent.  The 
Superintendent  has  decided  that  the  defendant  is  the  lawful  trustee  of  this 
school  district,  and  that  decision,  I  think,  must  end  this  controversy.  His 
decision  is  final,  and  the  parties  must  submit  to  it.  Such  decision  disposes 
of  all  the  questions  which  can  bo  litigated,  and  leads  to  the  conclusion  that 
the  injunction  must  be  dissolved,  and  it  is  dissolved,  with  costs  to  abide  the 
event. 


LIST  OF  THE  TITLES  OF 
ALL  THE  GENERAL  AND  SPECIAL  ACTS  OF  NEW  YORK 

RELATING   TO    SCHOOLS  AND   EDUCATION. 


[The  following  list,  alphabetically  arranged,  is  supposed  to  contain  the  titles 
of  all  acts  relating  to  schools  and  education  passed  by  the  Legislature  of 
this  State.  A  few,  which  were  merely  appropriation  bills,  have  been  purposely 
omitted,  and  perhaps  some  others  have  been  overlooked.] 


An  act  to  confirm  the  proceedings  of  tlie  joint  school  district,  composed  of  district  No. 
5,  in  Adams,  and  district  No.  (i,  m  the  town  of  Henderson,  in  the  county  of  Jefl'erson. 
Passed  April  1,  1840.    Sess.  Laws,  p.  52. 

An  act  to  incorporate  the  Albany  Lancaster  school  society.  Passed  May  2f),  1812.  Sess. 
Laws  (Webster  &  Sliinncr's  ed.),  p.  390.  Section  10  required  the  city  to  pay  $500  a  year 
toward  the  support  of  the  school. 

An  act  to  amend  the  act  entitled  "  An  act  to  incorporate  the  Albany  Lancaster  school 
society."  Passed  February  12,  1813.  Sess.  Laws,  p.  21.  Kepealed  the  sixth  section,  and 
changed  the  sum  entitling  a  person  to  a  scholarship  to  $25. 

An  act  to  incorporate  a  school  for  people  of  color  in  the  city  of  Albany.  Passed  April  12, 
181G.  Sess.  Laws,  p.  8.3.  The  act  incorporates  the  "  Albany  school  for  educating  people  of 
color,"  vests  in  the  trustees  the  title  of  a  lot  of  land,  and  permits  them  to  hold  real  and  per- 
sonal estate  with  an  income  not  to  exceed  $1,000  annually. 

An  act  relating  to  common  schools  in  the  city  of  Albany.  Passed  April  17,  18.30.  Sess. 
Laws,  p.  200.  Authorizes  the  election  of  commissioners  of  common  schools  in  the  several 
wards  of  the  city  east  of  Perry  street,  and  the  organization  of  a  board,  with  power  to  organ- 
ize districts  and  appoint  trustees.  The  school  moneys  were  to  be  apportioned  to  the  city 
and  to  the  county  separately.  The  Lancaster  schools  "were  to  share  in  its  distribution.  The 
part  of  the  city  west  of  Perry  street  formed  a  separate  district. 

An  act  to  amend  an  act  entitled  "  An  act  relSting  to  common  schools  in  the  city  of 
Albany."  Passed  January  25,  1831.  Authorizes  a  tax  on  district  No.  6,  to  build  a  school- 
house. 

An  act  to  amend  an  act  entitled  "  An  act  relating  to  common  schools  in  the  city  of  Albany." 
Passed  April  11, 1831.    Sess.  Laws,  p.  1153.    Autliorizing  taxes  to  build  school-houses. 

An  act  relating  to  the  second  school  district  in  the  city  of  Albany.  Passed  April  25, 1832. 
Sess.  Laws,  p.  472.  Authorizes  the  trustees  to  erect  a  school-house,  mortgage  the  lot  and 
building,  and  to  exact  ten  per  cent. on  each  rate  bill  for  tuition,  to  pay  the 'principal  and 
interest. 

An  act  further  to  amend  the  act  entitled  "An  act  to  amend  the  several  acts  relating  to 
the  city  of  Albany,  and  to  combine  the  same  into  one  act,"  passed  April  13,  1820.  Passed 
>Iay  1, 1831.  Sess.  Laws,  p.  41(1  Section  3  repeals  the  thirteenth  section  of  said  act,  giving 
$.500  yearly  to  the  Lancaster  school.  Section  13  continues  in  force  the  act  of  April  11,  1831, 
relating  to  common  scliools  in  the  city  of  Albany,  for  five  years  from  May  1,  18;i4. 

An  act  to  provide  for  the  erection  of  district  school  buildings  in  each  district  east  of 
Perry  street  in  the  city  of  Albany.  Passed  April  20,  1837.  Sess.  Laws,  p.  205.  Raises  by 
tax  $2.">.000.  in  ten  annual  installments,  for  building  school-houses,  and  authorizes  the  loan- 
ing of  that  sum  to  the  city  from  the  capital  of  the  common  school  fund. 

An  act  to  amend  an  act  entitled  "An  act  relating  to  common  schools  in  the  city  of 
Albany."    Passed  May  9, 1837.    Sess.  Laws,  p.  406.    The  first  two  sections  relate  to  the 


A  List  of  Acts  Relating  to  Schools.  455 

raising  and  apportionment  of  taxes  for  the  support  of  schools.  The  third  and  fourth  eec- 
tions  forbid  dii^tricts  cast  of  Perry  street  from  votiiiir  tuxes,  or  disposing  of  district  prop- 
erty, and  required  thciu  to  lieep  a  record  of  proceedings  of  tchool  meetings. 

An  act  relative  to  the  common  schools  in  the  city  of  Albany.  Passed  ^lay  8,  lc8.37. 
Sess.  Laws,  p.  :!!)().  Apportions  $100  to  each  school  east  of  Perry  street,  and  $i")  to  each 
district  west  of  said  street,  for  repairs  and  contingent  expenses  ;  and  directs  school  moneys 
to  be  apportioned  to  the  Albany  orphan  asylum  for  the  payment  of  the  wages  of  teachers. 

An  act  amendatory  of  the  several  acts  relating  to  diBtrict  schools  in  the  city  of  Albany. 
Passed  April  8,  1S44.    Sess.  Laws,  p.  115. 

An  act  to  amend  an  act  relating  to  the  district  schools  of  the  city  of  Albany,  passed 
April  8,  1*44.    Pas.sed  May  1.3,  1845.    Sess.  Lawe,  p.  265. 

An  act  to  authorize  the  city  of  Albany  to  raise  money  by  tax  to  build  a  district  school- 
house.    Passed  April  12,  1S48.    Sess.  Laws,  p.  4.S2. 

An  act  authorizing  an  additional  sum  of  money  to  be  raised  in  the  city  of  Albany,  for 
Bchool  purposes.    Passed  April  17,  1852.    Sess.  Laws,  p.  0T6. 

An  act  in  relation  to  common  schools  in  the  city  of  Albany,  west  of  Periy  street.  Passed 
June  18,  1853.    Sess.  Laws,  p.  1037. 

An  act  amendatory  of  the  several  acts  relating  to  district  schools  in  the  city  of  Albany. 
Passed  April  14,  1855.    Sess.  Laws,  p.  951. 

An  act  to  create  a  board  of  public  instruction  in  the  city  of  Albany;  to  establish  free 
Bchools  therein,  and  amendatory  of  the  several  acts  relating  to  the  district  schools  in  said 
city.    Passed  April  7,  1866.    Sess.  Laws,  p.  1)86. 

An  act  to  amend  an  act  entitled  "  An  act  to  create  a  board  of  ptiblic  instniction  in  the  city 
of  Albany  ;  to  establish  free  schools  therein,  and  amendatory  of  the  several  acts  relating  to 
the  district  schools  in  said  city,"  passed  April  7,  1866.  Passed  January  31,  1867.  Sess. 
Laws,  p.  37,  vol.  1. 

An  act  to  authorize  the  inhabitants  of  joint  school  district  No.  5,  in  the  town  of  Attica, 
county  of  Wyoming,  and  town  of  Alexander,  county  of  Genesee,  to  raise  money.  Passed 
Aprir2,  184!).     Sess.  Laws,  p.  2.S6. 

An  act  to  divide  the  town  of  Alfred,  in  the  county  of  Allegany.  Passed  March  10,  1821, 
Sess.  Laws,  p.  ill.  Erects  the  towns  of  Independence  and  Almond,  and  directs  the  moneys 
derived  Irora  the  sales  of  the  gospel  and  school  lots  to  be  divided. 

An  act  to  authorize  the  trustees  of  school  district  No.  3,  in  the  town  of  Amherst,  county 
of  Erie,  to  raise  certain  moneys  for  school  purposes.  Passed  April  5,  1866.  Sess.  Laws, 
p.  &J0. 

An  act  for  the  collection  of  a  school  district  tax  in  joint  district  No.  3,  in  town*  of  Ash- 
ford  and  East  Otto,  in  Cattaraugus  county.    Passed  April  10, 1857.    Sess.  Laws,  vol.  1,  p.  699. 

An  act  in  relation  to  school  district  No.  12.  in  the  town  of  Attica.  Passed  April  3,  1829. 
Sess.  Laws,  p.  176.    Authorizes  apportionment  of  moneys  to  district. 

An  act  authorizing  the  application  of  the  common  school  moneys  in  the  village  of  Athens 
and  ill  the  city  of  Hiidsou  to  the  education  of  poor  children.  Passed  April  15.  1814.  Sess. 
Laws.  p.  244.  This  law  modilied  the  general  law,  and  set  apart  the  public  money  in  Athens 
and  Hudson  for  the  beneflt  of  the  poor  exclusively. 

An  act  to  incorporate  the  city  of  Auburn.  Passed  March  21,  1818.  Sess.  Laws,  p.  119. 
Title  8  of  this  act  related  to  schools. 

An  act  to  regulate  the  free  schools  in  the  city  of  Auburn  Passed  April  10,  1850.  Sess. 
Laws,  p.  751. 

An  act  to  amend  an  act  entitled  "  An  act  to  regulate  the  free  schools  in  the  city  of  Auburn," 
passed  April  10,  18.50.    Passed  March  23,  1857.    Sess.  Laws,  vol.  1,  p.  365. 

An  act  to  amend  an  act  to  regulate  free  schools  in  the  city  of  Auburn,  passed  April  10, 
1850.    Passed  March  19,  1866.    Sess.  Laws,  p.  349. 

An  act  to  amend  an  act  entitled  "  An  act  to  amend  an  act  to  regulate  free  school?  in  the 
city  of  Auburn."  passed  April  10,  1850,  passed  March  2;^,  1857.  Passed  February  19,  1864, 
Sess.  Laws,  p.  33. 

An  act  to  incorporate  the  Cayuga  asylum  for  destitute  children.  Passed  April  10, 1852. 
Sess.  Laws,  p.  279.  Section  12  made  the  school  kept  in  this  asylum  a  separate  district 
school,  and  gave  it  a  distributive  share  in  the  public  money  and  in  the  school  money  raised 
in  the  city. 

An  act  to  authorize  the  maj'or  and  common  council  of  the  city  of  Auburn  to  raise  money 
by  tax  to  pay  for  building  a  school-house  in  district  No.  5.  Passed  April  14, 1855.  Sess. 
Laws,  p.  955.     Authorizes  a  tax  of  $250. 

An  act  to  authorize  the  trustees  of  school  district  No.  7,  in  the  town  of  Augusta,  Oneida 
county, -to  convey  real  estate.     Passed  April  21, 1865.     Sess.  Laws,  p.  938. 

An  act  authorizing  the  trustees  of  school  district  No.  7,  town  of  Augusta.  Oneida  county, 
to  convey  a  certain  lot  of  land.     Passed  March  16,  1866.     Sess.  Laws,  p.  321. 

An  act  for  the  relief  of  Stephen  Sprnguo,  Orange  Spaulding  and  Robert  R.  Cowan,  lata 
trustees  of  school  district  No.  12,  in  the  town  of  Aurelius.  Passed  March  22,  1833.  Sees. 
Laws,  p.  96.    Authorizes  a  tax  to  pay  the  costs  of  a  suit  against  them. 


456  A  List  of  Acts 

B. 

An  act  to  authorize  the  board  of  education  of  the  Baldwinsville  union  school  district  to 
borrow  money.    Passed  April  19,  ISUT.    Scss.  Laws,  p.  1125,  vol.  1. 

An  act  in  relation  to  school  district  No.  3,  in  the  town  of  Batavia.  Passed  April  25. 1S39. 
Sess.  Laws,  p.  210. 

An  act  to  authorize  the  inhabitants  of  consolidated  school  district  No.  2,  in  the  village  of 
Batavia,  Genesee  county,  to  raise  money.    Passed  March  2!).,  18-17.    Sess.  Laws,  p.  45. 

An  act  to  enable  the  trustees  of  consolid."tcd  school  district  No.  2,  in  Batavia.  to  levy  a 
tax  for  the  support  of  a  school  therein.    Passed  June  25,  1S51.    Sess.  Laws,  p.  5(36. 

An  act  to  enable  the  trustees  of  school  district  No.  V,  in  the  town  of  Bath,  to  hold  by  deed 
a  certain  lot  therein  mention.id.  Passed  Alarcli  :il,  1S15.  Authorizes  certain  persons  to 
convey,, by  deed,  filty  acres  of  land  to  tlie  trustees  ot  district  No.  T,  to  be  held  in  trust  for 
the  beiieftt  of  the  common  schools  in  the  settlement  known  as  Pleasant  Valley. 

An  act  to  authorize  the  trustees  of  union  school  difitrict  No.  5,  in  the  village  of  Bath,  in 
the  county  of  Steuben,  to  raise  money  by  tax.    Passed  January  24, 1851.    Seas.  Laws,  p.  10. 

An  act  in  relation  to  schools  in  the  village  of  Binghamton.  Passed  April  19,  18C1.  Ses3. 
Laws.  p.  752. 

An  act  to  amend  an  act  entitled  "  An  act  in  relation  to  schools  in  the  village  of  Bingham- 
ton," passed  April  19,  1861.    Passed  April  25,  1864.    Sess.  Laws,  p.  843. 

An  act  to  amend  chapter  329,  of  the  Laws  of  ISfil,  entithd  "  An  act  in  relation  to  school.s 
in  the  village  of  Binghamton."    Passed  April  14,  1S6G.    Sess.  Laws,  p.  1250. 

An  act  to  incorporate  the  city  of  BiuErliamton.  Passed  April  9,  1867.  Sess.  Laws,  p* 
688,  vol.  1.     Title  11,  p.  645,  relates  to  common  schools. 

An  act  in  relation  to  district  No.  1,  in  the  town  of  Booneville.  Passed  May  5, 1837.  Sess. 
Laws,  p.  344.  Authorizes  the  sale  of  site,  tlie  purchase  of  a  new  site  and  the  erection  of  a 
Bchool-house,  and  the  raising  of  a  tax  to  defray  tlie  cost. 

An  act  to  authorize  school  district  No.  11,  in  the  town  of  Brasher,  in  the  county  of  St. 
Lawrence,  to  sell  their  lot.    Passed  September  20,  1847.    Sess.  Laws,  p.  419. 

An  act  relative  to  the  common  schools  of  the  city  of  Brooklyn.  Passed  April  2,  1836. 
Sess.  Laws,  p.  1.36.    Authorizes  taxation  for  the  building  of  school-houses. 

An  act  relative  to  school  district  No.  0,  in  the  city  of  Brooklyn.  Passed  April  3, 1837. 
Scss.  Laws,  p.  120.  Confirms  the  proceedings  of  a  school  meeting  in  changing  the  site,  and 
the  sale  of  a  school-house. 

An  act  relative  to  common  schools  in  the  city  of  Brooklyn.  Passed  March  23, 1843.  Sess. 
Laws,  p.  39. 

An  act  further  to  amend  an  act  entitled  "An  act  relating  to  common  schools  for  the  city 
of  Brooklyn,"  passed  May  23,  1843.    Passed  April  6, 1848.    Sess.  Laws,  p.  298. 

An  act  to  amend  an  act  entitled  "An  act  relating  to  common  schools  for  the  city  of 
Brooklyn."    Passed  March  23,  1814.    Sess.  Laws,  p.  514. 

An  act  to  enlarge  the  act  entitled  "  An  act  relative  to  common  schools  in  the  city  of 
Brooklyn."  Passed  March  23,  li^3.  Passed  jNIay  14,  1845.  Sess.  Laws,  p.  327.  Authorizes 
the  formation  of  school  districts  for  colored  children. 

An  act  to  appoint  a  sujiorintendent  of  common  schools  of  the  city  of  Brookl}'n.  Passed 
January  28, 1848.    Sess.  Laws,  p.  14. 

An  act  to  reorganize  and  regulate  the  common  schools  and  the  board  of  education  in  tho 
city  of  Brooklyn.    Passed  April  4,  1850.    Sess.  Laws,  p.  237. 

An  act  to  amend  an  act  to  reorganize  and  regulate  the  common  schools  and  the  board  of 
education  in  the  city  of  Brooklyn,  passed  April  4,  1850  Passed  March  17,  1857.  Sess. 
Laws,  vol.  1,  p.  2.37. 

An  act  to  authorize  the  board  of  education  of  the  city  of  Brooklyn  to  sell  a  certain  school 
lot.    Passed  April  10,  1850.    Sess.  Laws,  p.  771. 

An  act  to  amend  "An  act  to  revise  and  amend  the  several  acts  relating  to  the  city  of 
Brooklyn,"  passed  April  4,1850.  Passed  June  19,  18,")1.  Sess.  Laws,  p.  4-12.  Section  15 
relates'to  the  money  to  be  raised  by  tax  for  the  support  of  schools. 

An  act  to  consolidate  t!ie  cities  of  Brooklyn  and  Williamsburgh  and  the  town  of  Bushwick 
into  one  municipal  government,  and  to  incorporate  tlie  same.  Passed  .\pril  17,  1851.  Sess. 
Laws,  p.  829.     Section  13,  title  II,  relates  to  schools  and  tho  board  of  education. 

An  act  to  amend  an  act  entitled  "  An  act  to  consolidate  the  cities  of  Brooklyn  and  Wil- 
liamsburgh and  the  town  of  Bushwick  into  one  municipal  irovernnKuU,  and  to  incorporate 
the  same,"  passed  April  17.  1S.54.  Passed  April  6,  1857.  Section  11  authorizes  the  board 
of  education  to  maintain  a  normal  school. 

An  act  to  amend  an  act  entitled  "  An  act  to  reorganize  and  regulate  the  common  schools 
and  the  board  of  education  in  the  city  of  Brooklyn,"  passed  Ajjril  4,  1850.  Passed  March 
7,  1S02.     Sess.  Laws,  p.  84. 

An  act  to  authorize  the  appointment  of  an  assistant  superintendent  of  common  schools 
In  the  city  of  Brooklyn.    Passed  April  3,  18(J6.    Sess.  Laws,  ').  803. 


Relating  to  ScnooLS.  457 

An  act  for  the  relief  of  common  schools  in  the  city  of  Brooklyn.  Passed  April  11, 1806. 
Sess.  Laws,  p.  1118. 

An  act  to  authorize  the  city  of  Brooklyn  to  borrow  money,  upon  certificates  of  indebted- 
ness, for  tlie  punliaso  of  school  sites  and  the  building  of  school-houses.  Passed  April  23, 
181)7.     Sfss.  Laws,  p.  1527,  vol.  2. 

An  act  to  provide  for  the  existing  deficiency  in  moneys  applicable  to  the  support  of  com- 
mon schools  in  the  city  of  Brooklyn.     Passed  March  31),  1SIJ7.     Sess.  Laws,  p.  30S,  vol.  1. 

An  act  confirminjj  the  reports  of  the  trustees  of  certain  school  districts  iu  the  county  of 
Broome.    Passed  April  13,  1S2;).    Soss.  Laws,  p.  2-^2. 

An  act  in  relation  to  school  district  No.  1,  in  the  town  of  Brownville,  in  the  county  of  Jef- 
ferson.    Passed  Jlay  4,  1844.     Sess.  Laws,  p.  391. 

An  act  relative  to  district  No.  8,  in  the  town  of  Brutus.  Passed  January  31,  1&16.  Sess. 
Laws,  p.  (j. 

An  act  to  provide  for  free  schools  in  the  town  of  Bushwick.  Passed  October  16,  1847. 
Sess.  Laws,  p.  427. 

An  act  in  relation  to  schools  in  the  town  of  Bushwick,  Kings  county.  Passed  April  1. 
1S52.    Sess.  Laws,  p.  loS. 

An  act  to  amend  an  net  entitled  "  An  act  to  provide  for  free  schools  in  the  town  of  Bush- 
■wick,"  passed  October  16,  1847.    Passed  June  18,  1853.    Sess.  Laws,  p.  816. 

An  act  further  to  amend  an  art  entitled  "  An  act  to  incorporate  the  city  of  Buffalo,"  passed 
April  20,  18:32.    Passed  March  12,  ]S:J8.    Sess.  Laws,  p.  37. 

An  act  to  amend  an  act  entitled  "  An  act  to  incorporate  the  city  of  Buffalo."  Passed  May 
11,  1837.    Sess.  Laws,  p.  437. 

An  act  further  to  amend  an  act  entitled  "  An  act  to  incorporate  the  city  of  Buffalo,"  passed 
April  20,  1832.     Passed  May  12.  1S38.     Sess.  Laws,  p.  37. 

An  act  further  to  amend  tlie  charter  of  tlie  city  of  Buffalo.  Passed  February  14,  18.^9. 
Sess.  Laws,  p.  18.  Section  22  of  this  act  made  the  city  schools  free  to  all  children  under 
sixteen  years  of  age. 

An  act  to  consolidate  and  amend  the  art  to  incorporate  the  city  of  Buffalo,  passed  April 
20,  1832,  and  the  various  acts  amendatory  thereof.  Passed  .\iii'il  7,  1S43.  Sess.  Laws,  p.  116. 
Title  !»  relates  to  "  common  and  other  schools."  The  common  schools  are  free  to  all  wldte 
children  under  sixteen  years  of  age,  and  free  schocds  are  provided  for  ail  colored  children. 

An  act  to  amend  an  act  entitled  "  An  act  to  consolidate  and  amend  the  act  to  incorporate 
the  citv  of  Buffalo,"  passed  A|)ril  20,  1832,  and  the  various  acts  amendatory  thereof,  passed 
April  17.  1843.    Passed  .March  2!),  1849.    Sess.  Laws,  p.  224. 

An  act  to  revise  the  charter  of  the  city  of  Buffalo,  and  to  enlarge  its  boundaries.  Passed 
April  13.  is;53.  Sess.  Laws,  \t.  447.  Title  six  relates  to  schools.  They  were  made  free  to 
all  white  children  over  the  ago  of  five  and  under  the  age  of  eighteen. 

An  act  to  amend  an  act  entitled  "  An  act  to  revise  tlie  charter  of  the  city  of  Buffalo,  and 
to  enlarge  its  boundaries,"  passed  April  13, 1853.  Passed  April  4,  1856.  Section  13  relates 
to  taxation  in  school  districts. 

An  act  to  amend  an  act  entitled  "An  act  to  revise  the  charter  of  the  city  of  Buffalo,*and 
to  enlarge  its  boundaries,"  passed  April  13,  1853,  and  the  several  acts  amendatory  thereof. 
Passed  April  16,  1801.    Sess.  Laws,  p.  620. 

.\n  act  to  incorporate  the  Buffalo  juvenile  asylum.  Passed  April  7,  1856.  Sess.  Laws,  p. 
175.    Sectiou  30,  p.  177,  permits  the  schools  of  the  asylum  to  share  iu  the  school  fund. 


An  act  to  authorize  the  erection  of  a  school-honse  in  the  village  of  Canandaigua,  and  for 
the  maintenance  of  a  school  for  colored  children,  to  be  kept  therein.  Passed  April  14,  IS.iS. 
Bess.  Laws,  p.  430. 

An  act  to  repeal  the  act  entitled  "  An  act  to  authorize  the  erection  of  a  school-house  in 
the  villaire  of  Canandaigua,  and  for  the  maintenance  of  a  school  for  colored  children,  to  be 
kept  therein,"  passed  April  14.  18,")2:  and  to  authorize  the  trustees  of  said  village  to  sell 
the  said  echool-house  and  the  lot  on  which  it  stands.  Passed  April  8, 1859.  Sess.  Laws, 
p.  447. 

An  act  to  authorize  the  trustees  of  school  district  No.  3,  in  the  town  of  Castleton,  and 
county  of  Riclimond,  to  mortgage  the  property  belonging  to  the  district  for  certain  pur- 
poses"    Passed  June  .30,  18.".3.     Sess.  Laws,  p.  9.j0. 

An  act  to  establish  free  schools  in  district  No.  1,  in  the  towns  of  Castleton  and  Southfleld, 
In  the  county  of  Richmond.     Passed  .\pril  10,  1855.     Sess.  Laws,  p.  471. 

An  act  to  enlarge  the  power*  of  school  districts  Nos.  2.  3,  5  and  7,  in  the  town  of  Castle- 
ton, in  tlie  county  of  Richmond.     Passed  April  14,  IJ-.'JS.     Sess.  Laws,  p.  942. 

An  act  to  amend  an  act  entitled  "  An  act  to  establiv^h  free  schools  in  district  No.  1,  in  tha 
towns  of  Castleton  and  Sonthfield,  in  the  county  of  Richmond,"  passed  April  10,  1855. 
Passed  April  1, 1856.    Sess.  Laws,  p.  IlC. 

58 


458  A  List  of  Acts 

An  act  for  the  collection  of  unpaid  taxes  in  school  district  No.  1,  in  the  towns  of  Cas- 
tleton  and  Southfield.  Richmond  county.  Passed  March  31,  1S57.  Sesa.  Laws,  vol.  1,  p. 
453. 

An  act  to  amend  an  act  entitled  "An  act  to  establish  free  schools  in  district  No.  1,  in  the 
towns  of  Castleton  and  Soutlifield,  in  the  county  of  Richmond,"  passed  April  10,  1855. 
Passed  April  2,  1SC4.     Sess.  Laws,  p.  200. 

An  act  to  incorporate  the  Catskill  Lancaster  school  society.  Passed  March  14,  1S17. 
Sess.  Laws,  p.  77.  Section  7  authorizes  the  society  to  receive  the  school  moneys  appor- 
tioned to  district  No.  1. 

An  act  to  repeal  "An  act  to  incorporate  the  Catskill  Lancaster  school  society,"  passed 
March  14,  1817,  and  for  other  purposes.  Passed  April  20,  1830.  Sess.  Laws,  p.  332.  Section 
2  makes  the  village  of  Pous^hkeepsie  a  permanent  school  district,  and  requires  che  public 
moneys  to  be  paid  to  the  trustees  of  the  Pouglikecpsie  Lancaster  school  society. 

■  An  act  relative  to  the  town  of  Cameron,  in  the  county  of  Steuben.  Passed  April  IS,  1831. 
Sess.  Laws.  p.  197.  Directs  the  overseers  of  the  poor  to  apply  $50  to  the  support  of  schools, 
and,  from  time  to  time  thereafter,  to  puy  the  commissioners  of  common  schools  such  sums 
as  the  inhabitants,  or  a  majority  of  them,  at  any  annual  town  meeting;,  should  direct. 

An  act  in  relation  to  joint  school  district  No.  1,  of  the  tovnis  of  Camillus  and  Geddes,  in 
the  county  of  Onondaga.    Passed  April  13,  1852.    Sess.  Laws,  p.  378. 

An  act  to  levy  a  tax  in  joint  school  district  No.  7,  in  the  towns  of  Canton  and  DeKalb,  in 
the  county  of  St.  Lawrence,  to  reimburse  Sylvanus  Styles  and  Theodoras  Frisbie  certain 
expenses  incurred  in  behalf  of  said  district.    "Passed  May  7, 1847.    Sess.  Laws,  p.  234. 

An  act  for  the  relief  of  the  trustees  of  school  district  No.  10,  in  the  town  of  Chatham,  in 
the  county  of  Columbia.    Passed  April  11,  1848.    Sess.  Laws,  p.  .'538. 

An  act  authoriziuj?  the  trustees  of  school  district  No.  12,  in  the  town  of  Chenango,  to  sell 
a  school  lot.    Passed  February  19,  1834.    Sess.  Laws,  p.  15. 

An  act  to  authorize  the  trustees  of  school  district  No.  3,  in  the  town  of  Chenango,  in  the 
county  of  Broome,  to  sell  and  convey  their  school  lot.  Passed  May  5, 1834.  Sess.  Laws, 
p.  506. 

An  act  to  establish  a  free  school  in  district  No.  3,  in  the  town  of  Cherry  Valley.  Passed 
April  11,  1853.    Sess.  Laws,  p.  305. 

An  act  to  confirm  the  official  acts  of  Hiram  W.  Jackson,  of  the  town  of  China,  as  superin- 
tendent of  common  schools.    Passed  March  26,  1849.    Sess.  Laws.  p.  189. 

An  act  to  further  amend  the  act  entitled  "  An  act  to  incorporate  the  trustees  of  Clarkson 
high  school,  and  to  provide  for  the  management  and  support  of  such  school,"  passed  April 
6,  1859.    Passed  April  11,  1806.    Sess.  Laws,  p.  1119. 

An  act  to  amend  the  first  section  of  an  act  passed  April  6, 1859,  entitled  "  An  act  to  incor- 
porate the  trustees  of  Clarkson  high  school,  and  to  provide  for  the  management  and  support 
of  such  school."    Passed  February  18,  1800.    Sess.  Laws,  p.  47. 

An  act  for  building  a  school-house  and  maintaining  a  school  in  the  town  of  Clermont. 
Passed  March  27, 1791,  Sess.  Laws  (Webster  &  Skinner^s  ed.),  vol.  2,  p.  248.  Authorizes  the 
appropriation  of  moneys  in  the  hands  of  the  overseers  of  the  poor,  from  excise  and  fines, 
for  the  erection  of  a  school-house  and  for  maintaining  a  school-master  in  said  town. 

An  act  to  authorize  and  require  the  trustees  of  joint  school  district  No.  14,  of  Clay  and 
Cicero,  to  levy  and  collect  a  tax  for  the  relief  of  Hiram  M.  Wright  and  Joseph  Rector. 
Passed  April  7,  1815.    Sess.  Laws,  p.  33. 

An  act  for  the  relief  of  George  Ivill.  Passed  May  26, 1853.  Sess.  Laws,  p.  570.  Refers  to 
district  No.  10,  in  the  towns  of  Clay  and  Lysander. 

An  act  to  incorporate  the  Clyde  high  school.  Passed  April  21, 1834.  Sess.  Laws,  p.  221. 
Erects  districts  Nos.  14  and  17  into  a  permanent  school  district  by  the  name  of  the  "  Clyde 
high  school." 

An  act  to  amend  an  act  entitled  "An  act  to  incorporate  the  Clyde  high  school,"  passed 
April  24,  1834,  and  for  other  purposes.    Passed  April  12,  1842.    Sess.  Laws,  p.  328. 

An  act  to  reduce  the  number  of  trustees  of  Clyde  high  school,  and  for  other  purposes 
concerning  said  school.    Passed  November  30,  1847.    Sess.  Laws,  p.  509. 

An  act  relating  to  the  Clyde  high  school,  in  the  town  of  Clyde.  Passed  April  14,  1858. 
Sess.  Laws,  p.  313. 

An  act  to  authorize  the  trustees  of  school  district  No.  5,  Cobleskill,  Schoharie  county,  to 
Bell  real  estate.    Passed  March  30, 1800.    Sess.  Laws,  p.  547. 

An  act  to  establish  free  schools  in  the  village  of  Cohoes.  Passed  April  10,  1850.  Sess. 
Laws,  p.  740. 

An  act  entitled  an  act  to  amend  the  charter  of  the  village  of  Cohoes.  Passed  April  12, 
1855.     Sess.  Laws,  p.  O'il.     Sections  49  to  76  relate  to  schools. 

An  act  to  amend  an  act  entitled  "  An  act  to  amend  the  charter  of  the  village  of  Cohoes," 
passed  April  12,  18.55.     Passed  April  15,  1857.     Sess.  Laws,  p.  307,  vol.  2. 

An  act  confirming  the  acts  r)f  the  commissioners  of  common  schools,  in  the  division  of 
the  nchool  district  composed  of  parts  of  the  towns  of  Colesville  and  Windsor,  in  the  county 
of  Broome.    Passed  April  16, 1834.    Sess.  Laws,  p.  147. 


Relating  to  Schools.  459 

An  act  in  relation  to  school  district  No.  7.  of  the  town  of  Cortlnndt,  connty  of  West- 
chester, cinpowitrini;  the  trustees  of  said  district  to  extend  tlie  lime  for  the  payment  of 
loan,  and  aiithoriziiig  tliem  to  sell  part  of  school  site.  Passed  April  10,  ItiGO.  Scss.  Laws, 
p.  373. 

An  act  to  lejjalize  the  formation  of  school  district  No.  18,  in  the  town  of  Corllandt,  West- 
Chester  county.    Passed  April  IS,  ISOl.    Sess.  Laws,  p.  751. 

An  act  authorizing  the  curamissioners  of  common  schools  in  the  town  of  Covert,  in  the 
county  of  Seneca,  to  alter  Uie  tiu.e  of  apportioninj;  the  jjublic  school  money  to  the  trustees 
of  the  several  school  districts  of  said  town.  Passed  May  1,  ls2'.t.  Sess.  Laws,  p.  518.  Re- 
quires them  to  meet  on  or  before  the  first  Tuesday  in  June. 

An  act  to  authorize  the  trustees  of  school  district  No.  5,  Cobleskill,  Schoharie  county, 
to  sell  real  estate.     Passed  March  ;JU,  ISGlJ.     Sess.  Laws,  vol.  1,  p.  .547. 

An  act  to  make  the  town  of  Cambria  a  part  of  the  first  school  commissioner's  district  of 
Niagara  county.    Passed  March  28,  1SU7.    Sess.  Laws,  vol.  1,  p.  270. 

An  act  to  make  the  town  of  Chester  a  part  of  the  second  school  commissioner's  district  of 
Orange  county.    Passed  February  15,  1S(>7.    Sess.  Laws,  vol.  1,  p.  70. 

An  act  for  the  collection  of  unpaid  taxes  in  school  district  No.  1,  in  the  towns  of  Castle- 
ton  and  Southfield,  Richmond  county.    Passed  March  31, 1S57.    Sesa.  Laws,  vol.  1,  p.  453. 

D. 

An  act  for  the  more  easy  pleading  in  certain  suits,  and  for  the  relief  of  school  districts 
Nos.  0  and  14,  in  the  town  of  Dcerfield,  and  county  of  Oneida.  Passed  Miirch  30,  1820. 
Sess.  Laws,  p.  lOG.  Authorizes  districts  to  plead  general  issue,  and  gives  double  costs  to 
defendants  in  case  of  nonsuit  or  discontinuance. 

An  act  in  regard  to  union  free  school  district  No.  1,  in  the  town  of  Deer  Park,  and  to 
enlarge  its  boundaries,  and  authorize  the  board  of  education  thereof  to  raise  money  to 
purchase  sites,  and  to  build  or  purchase  school-houses.  Passed  April  14, 1SG6.  Sess.  Lawa, 
p.  1348. 

An  act  to  amend  an  act  entitled  "  An  act  in  regard  to  union  free  school  district  No.  1,  in 
the  town  of  Deerpark,  and  to  enlarge  its  boundaries,  and  authorize  the  board  of  education 
thereof  to  raise  money  to  purchase  sites,  and  to  build  or  purchase  school-houses,"  passed 
April  14,  18GG.    Passed  April  2-3,  18G7.    Sess.  Laws,  vol.  5,  p.  1530. 

An  act  authorizing  the  election  of  three  trustees  and  a  district  clerk  in  school  district 
No.  IG,  located  in  the  village  of  Delhi.    Passed  February  20,  1851.    Sess.  Laws,  p.  23. 

An  act  to  provide  for  the  erection  of  a  new  school-house  in  school  district  No.  IG,  in  the 
town  of  Delhi,  in  the  county  of  Delaware,  and  to  change  the  site  thereof.  Passed  April  2, 
1852.     Sess.  Laws,  p.  178. 

An-act  changing  the  time  for  holding  the  annual  school  meeting  in  district  No.  16  of  village 
and  town  of  Delhi.     Passed  April  30,  1804.     Sess.  Laws,  p.  1045~ 

An  act  to  authorize  school  district  No.  20.  in  the  town  of  Denmark,  Lewis  county,  to  levy 
and  collect  a  tax.    Passed  April  19,  1847.    Sess.  Laws,  p.  93. 

An  act  to  transfer  the  town  of  Delhi  from  the  first  to  the  second  commissioner  district  of 
the  county  of  Delaware.    Passed  April  22,  18G7.    Sess.  Laws,  vol.  2,  p.  1470. 

E. 

An  act  to  establish  free  schools  in  school  district  No.  4,  in  the  town  of  East  Chester,  in 
Westchester  county.    Passed  June  8,  1853.    Sess.  Laws,  p.  723. 

An  act  to  amend  "  An  act  relative  to  the  common  school  fund  of  the  town  of  Edmeston, 
county  of  Otsego."    Passed  February  26, 1828.    Sess.  Laws,  p.  15. 

An  act  to  amend  chapter  44  of  the  Laws  of  eighteen  hundred  and  twenty-eight,  bcin,!' 
an  act  relative  to  the  common  school  fund  of  the  town  of  Edmeston,  in  the  county  oi 
Otsego.    Passed  March  31,  1805.    Sess.  Laws,  p.  415. 

An  act  to  confirm  and  make  valid  and  effectual  the  several  proceedings  taken  to  organize 
the  union  free  school  of  the  town  of  Ellicott.     Passed  April  2.3,  18G4.     Sess.  Laws,  p.  770. 

An  act  in  relation  to  common  schools  in  the  village  of  Elmira.  Passed  April  4, 1859. 
Sess.  Laws,  p.  2',)7. 

An  act  to  amend  an  act  entitled  "  An  act  in  relation  to  common  schools  in  the  village  of 
Elmira,"  passed  April  4, 18.")!).    Passed  February  1!»,  186"!!.    Sess.  Laws,  p.  95. 

An  act  to  incorporate  the  city  of  Elmira.  Passed  April  7, 18G-1.  Sess.  Laws,  p.  248.  Sec- 
tion 9,  of  title  10,  relates  to  schools. 

An  act  relative  to  Krasmns  Ilnll.  Passed  April  1,  1S14.  Sess.  Laws,  p.  91.  The  trustees 
of  Erasmus  Hall  are  made  trustees  of  the  scnool  district  composed  of  what  is  c.illed  the 
"Old  Town,"  in  Flatbush,  and  the  commissioners  of  common  schools  of  the  town  are 
required  to  pay  over  to  them  the  school  moneys  to  which  that  part  of  the  town  was  entitled. 
The  money  was  to  be  expended  in  the  education  of  such  poor  children  sent  to  said  academy 
as  in  the  opinion  of  the  trustees  were  entitled  to  gratuitous  education.  This  law  wua 
re-euacted  in  the  Revised  Statutes  of  1827,  and  appears  to  be  still  in  force. 


460  A  List  or  Acts 

An  act  to  incorporate  the  village  of  Ed2;ewater.  Passed  March  22,  18G6,  p.  441,  vol.  1. 
Subdivision  10.  of  section  1,  of  title  3,  relates  to  schools. 

An  act  to  amend  an  act  entitled  "An  act  to  incorporate  the  village  of  Edgewater," 
passed  March  22,  1860.  Passed  April  22,  1867.  Sess.  Laws,  p.  1400,  vol.  2,  amends  the 
former  act. 

An  act  to  incorporate  the  village  of  Edgewater.  Passed  March  20, 1SC6,  p.  441,  aa  amended 
by  chapter  517,  p.  1400  of  the  Session  Laws  of  ISCG. 

F. 

An  act  granting  relief  to  the  trustees  of  school  district  No.  3,  in  the  town  of  Fabius. 
Passed  January  27, 183S.    Sess.  Laws,  J).  7.   Authorized  to  sell  a  part  of  their  schonl-house  lot. 

An  act  to  authorize  the  trustees  of  Fanner's  IJall  academy  to  be  trustees  of  a  common 
school  district,  and  for  other  purposes.  Passed  April  12,  1822.  Sess.  Laws,  p.  100.  Tlie 
first  section  makes  the  trustees  of  the  academy  trustees  of  the  school  district  comprising 
the  village  of  Goshen  for  sis  years,  provided  a  majority  of  the  taxable  inhabitauts  give  their 
consent,  and  such  consent,  given  every  six  years,  may  continue  them  in  otiice.  Section  2 
permits  an  apportionment  of  school  moneys  among  the  districts  in  Elizabethtown  and 
Essex,  in  the  county  of  Essex.  Section  3  repeals  the  act  of  April  15, 1814,  relative  to  the 
village  of  Athens. 

An  act  to  authorize  the  assessment  and  collection  of  certain  money  within  school  district 
No.  11,  in  the  town  of  Farmingtou.  Passed  April  25,  1832.  Sess.  Laws,  p.  452.  Authorizes 
a  tax  for  $i:J8.60. 

An  act  to  provide  for  the  payment  of  certain  expenses  of  the  tmstees  of  school  district 
No.  11,  in  Farmington,  in  the  county  of  Ontario.    Passed  April  24, 1833.    Sess.  Laws,  p.  271. 

An  act  to  legalize  the  proceedings  of  the  trustees  and  electors  of  school  district  No.  17 
(formerly  No.  2.3),  of  the  town  of  Fishkill,  and  to  authorize  the  present  trustees  to  raise 
money  to  pay  certain  debts  and  expenses.    Passed  March  4,  1851.    Sess.  Laws,  p.  34. 

An  act  in  relation  to  school  district  No.  IS,  in  the  town  of  Fishkill.  Passed  April  13, 
1861.    Sess.  Laws,  p.  530. 

An  act  to  make  the  common  school  in  district  No.  4,  in  the  town  of  Fishkill,  Dutchess 
county,  free,  and  to  provide  a  tax  for  that  purpose.  Passed  Februai7  28, 1865.  Sess.  Laws, 
p.  88. 

An  act  to  authorize  school  district  No.  11,  of  the  town  of  Fishkill,  to  borrow  money  to 
build  a  school-house,  and  for  other  purposes.  Passed  April  19,  1867.  Sess.  Laws,  p.  1062, 
vol.  1. 

An  act  in  relation  to  common  schools  in  the  town  of  Flatbush,  in  the  county  of  Kings. 
Passed  April  30,  1844.    Sess.  Laws,  p.  360. 

An  act  in  relation  to  common  schools  in  the  town  of  Flatbush,  in  the  county  of  Kings. 
Passed  May  12,  ISKi.    Sess.  Laws,  p.  301. 

An  act  to  authorize  a  sale  of  the  real  estate  of  school  district  No.  2,  of  the  town  of  Flat- 
bush, HI  Kings  county.    Passed  November  27,  1847.    Sess.  Laws,  p.  505. 

An  act  relative  to  the  managers  of  a  free  school  in  the  town  of  Flushing,  in  Queens 
county.  Passed  April  10,  181S.  Sess.  Laws,  p.  121.  Authorizes  the  commissioners  of  com- 
mon schools  of  the  town  of  Flushing  to  pay  to  the  managers  of  the  free  school  association 
the  school  moneys  apportioned  to  school  district  No.  5. 

An  act  to  establish  free  schools  in  district  No.  5,  in  the  town  of  Flushing.    Passed  March 

10,  1848.    Sess.  Laws,  p.  87. 

An  act  to  amend  "An  act  to  establish  free  schools  in  district  No.  5,  in  the  town  of  Flush- 
ing," passed  March  10,  1848.    Passed  March  21, 1849.    Sess.  Laws,  p.  160. 

An  act  to  amend  an  act  to  establish  free  schools  in  district  No.  5,  in  the  town  of  Flushing, 
passed  March  10,  1848.    Passed  April  15,  1854.    Sess.  Laws,  p.  617. 

An  act  to  establish  free  schools  in  district  No.  3,  in  the  town  of  Flushing.  Passed  April 
16,  1857.     Sess.  Laws,  vol.  2,  p.  431. 

An  act  authorizing  the  board  of  education  of  Forestville  union  free  school  district  No.  16, 
of  the  towns  of  llunovcr  and  Sheridan,  in  the  county  of  Chautauqua,  to  borrow  money, 
to  be  used  in  the  erection  of  a  new  school-house.  Passed  March  15,  1865.  Sess.  Laws, 
p.  217. 

An  act  directing  a  grant  of  land  for  the  site  of  a  school-house  in  school  district  No.  2,  in 
the  town  of  Fort  Covington,  in  the  county  of  Franklin.  Passed  February  16,  1821.  Sesa. 
Laws,  p.  45.    Directs  the  grant  of  a  square  acre  of  land. 

An  net  for  the  relief  of  Nathaniel  Culver,  and  for  other  purposes.  Passed  March  21,  1823. 
Bess.  Laws,  p.  80.  The  fourth  sciction  direrts  that  the  school  lot  shall  be  laid  out  in  an 
oblong  square,  having  a  front  of  two  chains  and  lifty  links  on  High  street. 

An  act  to  establish  a  board  of  education  in  the  village  of  Fort  Covington.    Passed  April 

11,  1S.>3.     Sess.  Laws,  p.  235. 

An  act  to  authorize  the  board  of  education  of  the  village  of  Fort  Covington  to  sell  the 
sites  of  the  present" school-houses  in  said  village,  and  for  other  purposes.  Passed  March 
26,1566.    Sess.  Laws,  p.  C17. 


Relating  to  Schools.  461 

An  act  nnthorizing  the  town  of  Fort  Edward  to  dispose  of  certain  pnWic  moneys.  Passed 
April  18,  lS".i(J.     Scss.  Laws,  p.  2"(i.     Appropriates  !^IM  poor  money  to  the  support  of  schools. 

An  act  for  tlie  relief  of  the  tniptecs  and  collector  of  school  district  No.  3,  in  the  town  of 
Frankfort,  iu  the  county  of  UerUimcr.  Passed  March  ai,  18iS.  Confirms  an  assessment 
and  tax  list. 

G, 

An  act  for  the  relief  of  Hamlet  Scrantnm.  Passed  April  18,  182.3.  Sess.  Laws,  p.  210. 
Orders  §103.91  to  be  raised  by  tax  ou  school  district  No.  2,  Gates,  for  hia  benefit. 

An  act  for  thn  relief  of  Matthew  Brown,  Jr.  Passed  March  28,  1829.  Sess.  Laws,  p.  llX). 
School  district  Xo.  2,  Gates,  JNlouroe  county,  to  pay  him  $105.51. 

An  act  authorizing  the  trustees  of  the  Genoa  academy  to  sell  and  dispose  of  their  cor- 
porate property.  Passed  April  16,1852.  Sess.  Laws,  p.  510.  Sale  to  district  No.  U,  for  a 
union  school. 

An  net  to  authorize  the  trustees  of  school  district  No.  1,  in  the  town  of  German  Flats,  to 
borrow  mouey  to  build  a  school-house.    Passed  March  (1,  1840.    Sess.  Laws,  p.  112. 

An  act  to  authorize  the  trustee?  of  school  district  No.  2,  in  the  town  of  German  Flats, 
to  borrow  monev,  and  to  impose  a  tax  for  the  repayment  of  the  same.  Passed  March  20, 
1350.    Sess.  Laws,  p.  114. 

An  act  to  authorize  the  election  of  trustees  in  union  free  school  district  No.  2,  in  the 
town  of  German  Flats,  in  the  county  of  Herkimer,  and  to  classify  said  trustees  and  regulate 
their  powers  and  duties.    Passed  January  26,  1866.    Sess.  Laws,  p.  32. 

An  act  to  confirm  the  decision  of  the  Superintendent  of  Public  Instruction,  relating  to  the 
election  of  trustees  in  union  free  school  district  No.  2,  in  the  town  of  German  Flats,  in  the 
county  of  Herkimer,  and  to  confirm  the  official  action  of  said  trustees,  and  to  define  their 
tenure  of  otKce.    Passed  January  24,  1867.    Sess.  Laws,  vol.  1,  p.  34. 

An  act  to  unite  the  libraries  of  the  common  school  districts  of  the  village  of  Glen's  Falls. 
Passed  July  9,  1851.    Sess.  Laws,  p.  807. 

An  act  iu  relation  to  the  Gowanda  union  school.    Passed  April  29, 1863.    Sess.  Laws,  p.  450. 

An  act  to  authorize  school  district  No.  4.  in  the  town  of  Greece,  to  raise  money  on  its 
bonds  for  building  a  school-house.    Passed  April  22,  1862.    Sess.  Laws,  p.  770. 

An  act  requiring  the  town  superintendent  of  tlie  town  of  Greene  to  add  certain  moneys 
to  the  town  fund  of  said  town.    Passed  April  12,  1852.    Sess.  Laws,  p.  299. 

An  act  to  authorize  the  trustees  of  school  district  No.  4,  in  the  town  of  Greene,  to  borrow 
money  on  the  credit  of  said  district,  and  to  provide  for  the  payment  thereof.  Passed 
Apriri3,  1S59.     Sess.  Laws,  p.  643. 

An  act  to  authorize  the  supervisors  of  the  towns  of  Guilford  and  Oxford  to  sell  and  con- 
vey certain  school  and  gospel  lauds  in  those  towns.  Passed  April  30,  1804.  Sess.  Laws, 
p.  1044. 

An  act  to  increase  the  number  of  members  of  the  board  of  education  of  school  district 
No.  8,  in  the  town  of  Greenburgh,  in  the  county  of  Westchester.  Passed  April  29,  1863. 
Sees.  Laws,  p.  469. 

An  act  to  authorize  school  district  No.  4,  in  the  town  of  Greece,  to  raise  money  on  its 
bonds,  for  the  purpose  of  building  a  school-house.  Passed  March  26,  1867.  Sess.  Laws,  vol, 
I,  p.  2:56. 

An  act  for  the  encouragement  of  schools.  Passed  April  9,  1795.  Sess.  Laws,  p.  248, 
Greenleaf,  vol.  3.  This  was  the  first  general  school  law  passed  in  this  State.  It  pro\idea 
that  there  should  be  appropriated  from  the  treasury  .f.50,000  a  year  for  five  years,  "  for  the 
purpose  01  encouraging  and  maintaining  schools  in  the  eeveral  cities  and  towns  in  this 
State,  in  which  the  children  of  the  inhabitants  residing  in  the  State  shall  be  instiucted  in 
the  English  language,  or  be  taught  English  grammar,  arithmetic,  mathematics  and  such 
other  branches  of  knowledge  as  are  mo.-t  useful  and  necessary  to  comi)letc  a  good  English 
education."  The  first  apportionment  was  made  by  the  law. "according  to  tin;  representa- 
tion of  the  counties  in  the  Assenil)ly  ;  but  it  was  provided  that  future  apportionments  should 
be  made  '•  in  proportion  to  the  number  of  electors  for  members  of  Assembly  in  each  county." 
Tlie  b<'ards  of  supervisors  were  require'!  to  apportion  the  money  among  the  several  towns 
•according  to  the  number  of  taxable  inhabitants,  as  tliey  should  ajjpear  from  the  tax  lists 
annually  returned  to  them  by  the  assessors.  The  boards  of  superri.~ors  in  the  several  coun- 
ties in  ihc  StUe  were  also  required  to  raise  by  tax  a  sum  equal  to  the  amount  apportioned 
from  the  State  treasury,  except  that  the  city  of  Albany  was  to  raise  a  tax  for  only  hall  liio 
amount.  In  the  city  of  New  York  the  money  was  t()  bo  used  lor  the  support  of  charity 
schools,  and  all  other  schools,  such  as  mentioned  above,  "whether  the  children  taught  in 
such  charity  schools  shall  be  children  of  white  parents,  or  descended  from  African's  and 
Indians.''  The  inhabitants  of  the  towns  were  required  to  elect  not  less  than  three  nor 
more  than  seven  persons  to  be  commissioners  of  schools,  to  have  the  distribution  of  the 
money  and  the  superintendence  of  the  schools.  The  cities  of  .'Mbany  and  Hudson,  for  the 
purposes  (if  the  act,  were  declared  to  be  towns.  The  inhabitants  of-  the  towns  were  author- 
ized to  (dect  trustees,  and  to  associate  tou'Cther  for  the  purpose  of  hiring  school-masters  and 
organizing  schools.  The  trustees  were  required  to  make,  on  the  third  Tuesday  in  .\larch  in 
each  year,  a  return  of  the  school  kept  in  their  charge,  containing  the  name  of  the  master,  or 


462  A  List  05'  Acts 

masters,  the  nnm'ber  of  clays  he  or  they  had  taught,  the  names  of  the  scholars  instmcted  and 
the  number  of  days  they  have  severally  attended  the  school,  and  the  time  or  times  within 
whicli  the  school  has  been  kept.  The  commissioners  were  "  to  collect  into  one  sum  the 
■whole  number  of  days  for  which  each  and  every  scholar,  that  may  have  attended  any  one 
of  the  said  schools,  shall  have  been  iustracted  therein,  and  to  apportion  the  moneys  allotted 
to  and  raised  in  that  town  for  the  purpose  aforesaid,  according  to  the  whole  number  of 
days  for  which  instruction  shall  appear  to  have  been  given  in  said  schools,  in  snch  manner 
that  the  school  in  which  tlie  greater  number  of  days  of  instruction  shall  appear  to  have 
been  given  shall  have  a  proportionably  larger  sum."  The  money  was  paid  to  the  trusteea 
by  an  order  drawn  by  the  commissioners  on  the  county  treasurer.  The  commissioners 
were  required  to  make  to  the  county  treasurer  an  annual  report  of  the  condition  of  the 
schools,  and  the  county  treasurer  was  required  to  transmit  the  same  to  the  Secretary  of 
State. 

An  act  to  amend  the  act  entitled  "  An  act  for  the  encouragement  of  schools."  Passed 
April  0,  1796.  Sess.  Laws  (Greenleaf 's  ed.),  vol.  3.  p.  32(i.  Amended  the  act  so  that  schools 
organized  of  parts  of  adjoining  towns  might  receive  money  in  the  same  manner  as  other 
schools.  Children  taught  in  academies  "  reading,  writing  and  common  arithmetic,"  were 
declared  "  children  of  common  schools,"  and  entitled  to  the  benefit  of  the  act  the  same  as 
"  scholars  belonging  to  the  common  schools." 

An  act  further  to  amend  an  act  entitled  "An  act  for  the  encouragement  of  schools." 
Passed  March  10,  1797.  Sess.  Laws  (Greenleaf 's  ed.\  vol.  3,  p.  397.  Ordered,  that  in  the 
city  of  New  York  one-sixth  part  of  the  public  money  should  be  apportioned  to  the  charity 
schools,  and  the  other  tivc-sixths  "  among  the  schools  which  in  any  wards  in  the  city  may 
be  established  and  conducted  in  conformity  to  the  said  act."  The  inhabitants  of  the  city 
were  also  granted  the  same  rights,  powers  and  privileges  as  were  granted  the  inhabitants 
residing  in  any  part  of  any  towns  in  the  State.  It  was  also  provided  that  no  school  in  the 
State  should  receive  any  more  money  in  any  one  year  than  should  be  required  to  pay  the 
master  or  mastess  for  the  same  year.  The  apportionment  was  made  for  the  years  1790, 1797, 
179S,  but  was  omitted  for  the  years  1799  and  lyoO.  An  abstract  of  the  returns  for  the  year  1793 
from  sixteen  of  the  twenty-three  counties  shows  a  total  of  1,352  schools,  organized  accord- 
ing to  the  act,  in  which  59,(;00  children  were  taught. 

An  act  for  the  payment  of  certain  officers  of  government,  and  for  other  purposes.  Pas«ed 
April  S,  ISOl.  Sess.  Laws,  p.  217.  One  of  the  sections  of  this  act  directs  "  that  no  pay- 
ments shall  hereafter  be  made  to  any  of  the  county  treasurers  under  the  'act  for  the 
encouragement  of  schools,'  passed  the  9th  day  of  April,  1795,"  until  legislative  provision  be 
made  on  the  subject. 

An  act  to  raise  a  fund  for  the  encouragement  of  common  schools.  Passed  April  2.  1805. 
Sess.  Laws  (Webster  &  Skinner's  ed.),  vol.  4,  p.  126.  Appropriates  the  net  proceeds  of  500,- 
000  acres  of  land  first  sold  after  the  passage  of  the  act,  to  be  a  permanent  fund  for  the  sup- 
port of  common  schools.  No  distribution  of  the  income  was  to  be  made  until  the  interest 
should  amount  to  $50,000  annually.  This  act  laid  the  foundation  of  the  common  school 
fund. 

An  act  for  the  payment  of  certain  officers  of  government,  and  for  other  purposes.  Passed 
April  9,  IMll.  Sess.  Laws  (Webster  &  Skinner's  ed.),  p.  .328.  Section  .54  authorized  the 
Governor  to  appoint  five  commissioners  to  draw  up  a  i>lan  for  the  organization  and  estab- 
lishment of  common  schools. 

An  act  for  the  establishment  of  common  schools.  Passed  June  19, 1812.  Sess.  Laws 
(Webster  &  Skinner's  ed.),  p.  600.  This  was  the  first  law  for  the  organization  of  common 
schools.  It  was  repealed  in  1814,  and  superseded  by  an  amended  act.  This  in  its  turn  was 
repealed  and  revised  in  1819.  The  revisers,  whose  work  is  known  as  the  Revised  Statutes, 
framed  a  new  statute,  which  took  efiect  January  1, 1S2.'^<,  and  which  repealed  all  general  laws 
on  the  subject  of  a  previous  date.  Section  18  permitted  the  Albany  Lancaster  school 
society  to  share  in  the  distribution  of  the  revenue  of  the  school  fund. 

An  act  to  amend  an  act  entitled,  "  An  act  for  the  establishment  of  common  schools." 
Passed  March  4, 1813.    Sess.  Laws,  p.  29.    Directs  the  mode  of  distributing  money 

An  act  for  the  better  establishment  of  common  schools.  Passed  April  15,  1814.  Sess. 
Laws,  p.  229.  This  is  a  general  revision  of  the  school  laws  of  June  19,  1812,  prepared  on 
the  report  of  the  Superintendent,  showing  the  defects  in  that  law.  It  was  thought  fit  to 
pass  an  entirely  new  act  and  repeal  the  first  act.  By  the  twenty-eighth  section,  the  jiublic 
money  approjiriated  to  the  city  of  Albany  was  to  bo  paid  to  the  trustees  of  the  Lancaster 
«cho<)l  in  said  city,  to  be  applied  to  the  education  of  such  poor  children  in  said  city  as  in 
their  opinion  should  be  entitled  to  gratuitous  education. 

An  act  to  amend  the  act  entitled  "  .\n  act  for  the  better  establishment  of  common 
Bchools."    Passed  April  18,  1815.    Sess.  Laws  (Webster  &  Skinner's  ed.),  vol.  3,  p.  260. 

An  act  for  the  support  of  common  schools.  Passed  April  12,  1819.  Sess.  Laws.  p.  187. 
A  re-enactment  of  the  school  laws,  and  a  repeal  of  the  acts  of  April  15,  1814,  and  April  18, 
1815. 

An  act  for  the  relief  of  certain  school  districts.  Passed  April  14,  1820.  Sess.  Laws,  p. 
804.    A  general  relieving  act  authorizing  the  distribution  of  school  money  to  tlfeni. 

An  act  for  the  relief  of  certain  school  district").  Passed  Fehniary  16,  Ifli.  Sess.  Laws, p. 
40.  A  general  relieving  act,  allowing  the  districts  to  share  in  the  school  moneys,  notwitu- 
Btanding  their  failure  to  make  their  annual  reports. 


Relating  to  Schools.  463 

An  act  relative  to  the  incorporation  of  Lancastrian  and  other  school*.  Passed  Fchriiary 
23,  18-31.  Sess.  Laws,  p.  &4.  Authorizes  the  Ref:;ents  of  the  University  to  incorporate  Lan- 
castrian schools.  With  the  consent  of  a  majority  of  the  inhabitants  of  any  district  iu 
which  such  schools  niijjht  be  established,  they  were  to  be  re;,'iiided  as  district  schools,  and 
to  share  in  the  distribution  of  the  revenue  of  "the  school  funds  and  other  school  moneys. 

An  act  for  the  payment  of  the  officers  of  government  therein  mentioned.  Passed  April  3, 
1821.  Sess.  Laws,  p.  248.  Section  2  abolishes  the  office  of  Superintendent  of  Common 
Schools,  and  imposes  the  duties  upon  the  Secretary  of  State. 

An  act  to  amend  the  act  entitled  "An  act  for  the  support  of  common  schools,"  passed 
April  12,  1819.  Passed  April  17.  1S22.  Sess.  La\v.«,  p.  287.  This  act,  section  7,  tirst  author- 
ized appeals  to  the  Superintendent  in  district  school  controversies,  and  made  his  decision 
final. 

An  act  further  amending  the  act  for  the  support  of  common  schools.  Passed  April  19, 
1823.    Sess.  Laws,  p.  238. 

An  act  to  provide  permanent  funds  for  the  annual  appropriation  to  common  schools,  to 
Increase  the  literature  fund  and  to  promote  the  education  of  teachers.  Passed  April  13, 
1827.  Sess.  Laws,  p.  2.37.  The  first  section  transfers  to  the  school  fund  the  balance  of  the 
loan  of  1786,  and  .flOO.OOO  of  bank  stock.  The  third  section  added  ^1.50,000  to  the  literature 
fund,  and  placed  the  revenue  of  it  at  the  disposal  of  the  Regents.  This  revenue  was  directed 
to  be  distributed  to  academies  "in  proportion  to  the  numter  of  pupils  instructed  in  each 
academy  or  seminary  for  six  months  durins:  the  preceding  year,  wlio  shall  have  pursued 
classical  studies,  or  the  higher  branches  of  English  education,  or  both;  and  that  no  pupil 
shall  be  deemed  to  have  pursued  classical  studies,  unless  he  shall  have  advanced  as  far  at 
least  as  to  have  read  the  first  book  of  the  ^Encid  of  -Virgil  in  Latin  ;  and  no  student  shall  be 
deemed  to  have  pursued  the  higher  branches  of  an  English  education  unless  he  shall  have 
advanced  beyond  such  knowledge  of  common,  vulgar  and  decimal  arithmetic,  and  such 
proficiency  in  English  grammar  and  geography  as  are  usually  obtained  in  common  schools." 
The  body  of  the  act  contains  no  allusion  to  "the  education  of  teachers,"  but  we  may  infer 
from  the  title  that  the  academies  which  were  to  receive  the  income  of  the  large  addition  to 
the  literature  fund  were  expected  to  expend  it  with  special  reference  to  the  education  and 
training  of  common  school  teachers. 

'  An  act  concerning  the  Revised  Statutes  passed  at  the  present  meeting  of  the  Legislature. 
Passed  December  4t  1827.  Sess.  Laws,  p.  11.  Section  4,  subdivision  7,  repeals  "  all  statutes 
and  parts  6{  statutes,  consolidated  and  re-enacted  in  title  2,  of  chapter  15,  or  repugnant  to 
the  provisions  contained  therein  ;  and  all  statutes  and  parts  of  statutes  concerning  common 
schools,"  from  and  after  December  31.  1827.  Section  7  repealed  "all  statutes  consolidated 
and  re-enacted  in  those  parts  of  chapter  15,  not  comprised  in  the  second  title  thereof,  or 
repugnant  to  the  provisions  contained  therein,"  from  and  after  December  31,  1828.  Of 
chapter  fifteen  of  the  Revised  Statutes,  entitled  "of  public  instruction,"  title  2.  which 
applied  to  common  schools,  took  efl'ect  January  1, 1828,  and  the  remaining  titles  January 
J,  1829. 

An  act  to  repeal  certain  acts  and  parts  of  acts.  Passed  December  10,  1828.  Sess.  Laws, 
p.  34.  Subdivision  282  of  section  1,  repeals  "An  act  for  the  support  of  common  schools, 
passed  April  12,  1810,  and  all  acts  amending  the  same,  or  relating  to  the  subject-matter 
thereof,  to  take  effect  December  31.  1829."  Chapter  15  of  the  Revised  Statutes,  entitled 
"  Of  public  instruction,"  of  which  title  2  took  eftect  January  1,  1828,  and  the  rest  January 
1,  1S29.  was  enacted  as  a  substitute  for  all  previous  laws  relating  to  common  schools.  The 
act  of  1819  repealed  all  former  statutes  relating  to  the  same  subject. 

An  act  to  amend  certain  provisions  of  the  Revised  Statutes,  and  in  addition  thereto. 
Passed  April  20,  1830.  Sess.  Laws,  p.  384.  Section  5  changed  the  rule  of  apportionment  by 
making  it  among  the  several  towns  and  cities  according  to  population.  Section  6  enlarged 
the  right  to  appeal. 

An  act  concerning  district  school-houses.  Passed  February  17,  1831.  Sess.  Laws,  p.  47. 
Provides  that  after  the  building  of  a  school-house,  the  site  shall  not  be  changed  while  the 
district  remains  unaltered,  nor  then  without  the  consent  of  the  commissioners  of  common 
schools,  nor  without  a  vote  of  two-thirds  of  the  voters  at  a  special  meeting  in  its  favor. 
Also  provides  for  the  sale  of  the  site  and  property  of  a  district  in  which  the  site  has  been 
changed. 

An  act  to  amend  the  act  for  the  relief  and  support  of  indigent  persons  (part  1,  chap.  20j 
title  1).  Passed  April  25,  1831.  Sess.  Laws,  p.  34(i.  Section  4  requires  all  superintend- 
ents of  the  poor  to  cause  all  children  over  five  and  under  sixteen  years  of  age  to  be  taught 
as  children  are  taught  in  common  schools,  at  least  one-fourth  of  the  time  they  remain  in 
the  poor-houses.  Section  6  forbids  the  enumeration  of  such  children  by  the  "trustees  of 
ichool  districts. 

An  act  to  amend  the  Revised  Statutes  relating  to  common  schools.  Passed  April  91, 
1331.  Sess.  Laws,  p.  2-17.  Applies  the  provisions  of  section  2(i  Revised  Statutes  to  districts 
formed  as  well  as  to  altered  clistricts,  so  tliat  they  may  draw  public  moneys  if  they  have 
been  formed  from  districts  which  have  had  a  school  kept  for  three  months. 

An  act  relating  to  common  schools.  Passed  April  2fi.  18.32.  Sess.  Laws,  p.  513.  Authorizes 
the  purchase  of  Hall's  lectures  on'  school-keeping  for  each  district  in  the  State. 

An  act  to  amend  the  act  relating  to  common  schools.  Passed  April  2(i,  1832.  Sess.  Laws, 
p.  547.  Directs  school  district  taxes  to  be  collected  under  section  2  of  the  act  of  1831, 
April  21,  amending  the  Revised  Statutes. 


464  A  List  of  Acts 

An  act  concerning  the  literature  fund.  Passed  May  2, 1834.  Sess.  Laws,  p.  495.  Requires 
the  revenue  in  the  treasury  and  the  excc.«s  of  the  revenue  of  the  fund,  over  $12,000  a  year, 
to  be  expended  in  the  education  of  common  school  teachers. 

An  act  relating  to  public  instruction.  Pas.'red  March  14, 1835.  Sess.  Laws,  p.  30.  Relates 
to  distribution  of  a  report  upon  the  education  of  common  school  teachers,  and  makes  seven 
trustees  of  any  academy  a  quorum  to  transact  l)usiuess. 

An  act  to  amend  title  2  of  chapter  15  of  part  first  of  the  Revised  Statutes,  entitled  "  Of 
common  schools."  Passed  May  11,  18;i5.  Sess.  Laws,  p.  350.  Changes  the  time  when  the 
commissioners  of  common  schools  are  to  make  their  reports  from  October  1st  to  August 
1st,  and  the  time  for  county  clerk  to  make  and  transmit  his  abstract  from  December  to 
October  1st.  Section  3  makes  warrants  for  rate  bills  of  like  force  as  warrants  of  the  board 
of  supervisors  to  collectors  of  taxes.  Section  4  authorized  the  sale  of  old  site,  whenever 
the  site  had  been  legally  changed.  ' 

An  act  relating  to  public  instruction.  Passed  April  13,  1835.  Sess.  Laws,  p.  65. 
Authorizes  the  taxable  inhabitants  of  any  school  district  to  levy  a  tax  of  $20,  to  buy  a  dis- 
trict library,  and  to  levy  also,  yearly,  $10,  to  make  additions. 

An  act  concerning  common  schools.  Passed  May  1, 18.37.  Sess.  Laws,  p.  310.  Authorizes 
the  publication  of  school  laws  and  decisions.  In  pursuance  of  this  act  General  Dix  pre- 
pared the  volume  known  as  "  School  Laws  and  Decisions." 

An  act  concerning  common  schools.  Passed  April  22,  1837.  Sess.  Laws,  p.  231.  The 
first  three  sections  require  the  reports  of  trustees  and  commissioners  to  contain  a  state- 
ment of  the  moneys  expended  for  teachers'  wages,  in  addition  to  the  public  money  paid 
thcrcfdr.  The  third  section  requires  academics  "having  departments  for  the  instruction  of 
common  school  teachers  to  report  to  the  Superintendent  of  Common  Schools. 

An  act  to  appropriate  the  income  of  the  United  States  deposit  fund  to  the  purposes  of 
education  and  tlie  diffusion  of  knowledge.  Passed  April  17,  1S3S.  Sess.  Laws,  p.  220.  The 
second  section  appropriates  $110,000  annually  to  the  support  of  common  schools.  The 
fourth  section  appropriates  $55,000  annually  to  the  purchase  of  boolcs  for  district  school 
libraries.  The  eighth  section  appropriates  $28,000  from  the  income  of  the  United  States 
deposit  fund,  and  $12,000  from  the  income  of  the  literature  fund,  to  be  distributed  by  the 
Regents  of  the  University  to  academies,  under  certain  restrictions,  one  of  which  was  that 
every  academy,  receiving  as  its  distributive  share  a  sum  equal  to  $700,  should  establish  and 
maintain  a  department  for  the  instruction  of  common  school  teachers.  These  appropria- 
tions have  been  annually  made  since  the  passage  of  the  law.  The  surplus  revenue  has 
been  bestowed  upon  colleges,  academies  and  literary  institutions. 

An  act  respecting  school  district  libraries.    Passed  April  15,  1839.    Sess.  Laws,  p.  150. 

An  act  to  amend  title  2,  of  chapter  15,  of  the  first  part  of  the  Revised  Statutes,  relating  to 
common  schools.    Passed  May  3,  1839.    Sess.  Laws,  p.  302. 

An  act  to  amend  title  2,  of  chapter  15,  of  the  first  part  of  the  Revised  Statutes,  relating  to 
common  schools.  Passed  May  20,  1841.  Sess.  Laws.  p.  230.  This  act  reduced  the  number 
of  inspectors  of  schools  to  t\vo  in  each  district;  authorized  the  purchase  of  two  or  more 
eitcs  ;  provided  for  schools  for  colored  children  :  for  the  publication  of  a  periodical  for  tlirec 
years,  devoted  to  the  cause  of  education:  created  the  otlice  of  deputy  superintendent  for 
each  county;  and  permitted  the  superintendent  to  designate  any  one  of  the  clerks  in  his 
office  a  general  deputy  superintendent,  with  power,  in  his  absence,  to  perform  all  his  duties. 

An  act  amtnidatory  of  the  several  acts  relating  to  common  schools.  Passed  April  17, 18-13. 
Sess.  Laws,  p.  1(13.  Abolished  the  ofliccs  of  inspectors  and  commissioners  of  common 
schools,  and  created  that  of  "  town  superintendent  of  common  schools."  All  appeals  were 
required  to  be  made  to  county  superintendents;  and  appeals  from  tlieir  decision  might  bo 
brought  to  the  State  Superintendent  witliin  fifteen  days  after  service  of  a  copy  thereof. 

An  act  in  ridation  to  common  schools.  Passed  January  28, 1845.  Sess.  Laws,  p.  7.  An 
appropriiition  bill. 

An  act  to  increase  the  capital  of  the  common  school  fund.  Passed  May  10,  18(5.  Sess. 
Laws,  p.  193.  Adds  $84,358.15,  received  from  the  United  States,  under  an  act  of  Congress, 
passed  September  4,  1811,  being  the  proceeds  of  the  sales  of  public  lands,  to  the  common 
school  fund. 

An  act  to  prevent  the  disturbance  of  evening  schools  in  the  several  school  district  houses 
in  this  State.    Passed  May  13,  1845.    Sess.  Laws,  p.  249. 

An  act  to  amend  the  law  in  relation  to  conunon  schools.  Passed  April  1,  18-10.  Sess. 
Laws.  p.  .50.  Requires  tlie  trustees  not  to  make  an  enunKU'ation  of  Indian  children  residing 
In  school  districts  wlio  have  not  attended  scliool  for  the  last  three  mouths.  And  retiuires 
town  superintendents  to  apportion  their  distributi^e  share  of  the  public  money  to  Indian 
children  in  any  district  in  wliidi  they  liave  been  instructed  by  a  competent  teacher  during 
four  months  oVtlie  preceding  year. 

An  act  in  relation  to  the  dissolution  of  common  school  districts.  Passed  April  15.  1846. 
Sess.  Laws,  p.  70. 

An  act  to  abolish  the  oflicc  of  trustees  of  the  gospel  and  school  lots,  and  to  transfer  the 
powers  and  duties  of  the  sann?  to  tlic  town  superintendent  of  common  schools.  Passed 
Way  11.  1810.    Sess.  Laws,  p.  210. 

An  act  in  relation  to  suits  against  district  school  ofliccrs.  Passed  May  1, 1847.  Sess. 
Laws,  p.  103. 


Relating  to  Schools.  466 

An  act  in  relation  to  the  payment  of  taxes  in  school  districts.  Passed  May  7, 1847.  Sess. 
Laws,  p.  2.32. 

An  act  in  relation  to  reports  of  State  officers.  Passed  November  11, 1847.  Sess.  Laws,  p. 
452.  Requires  the  annual  roport  to  be  completed  l)efi)re  the  expiration  of  the  current  calen- 
dar year,  and  to  be  transmitted  to  the  Legislature  immediately  after  the  commencement  of 
its  next  annual  session. 

An  act  for  the  establishment  of  teachers'  institutes.  Passed  November  13, 1847.  Sess. 
Laws,  p.  459. 

An  act  to  abolish  the  office  of  county  superintendent  of  common  schools.  Passed  Novem- 
ber 13,  1847.    Sess.  Laws,  p.  45G. 

An  act  in  relation  to  appeals  to  the  Superintendent  of  Common  Schools.  Passed  Novem- 
ber 19,  18-17.     Sess.  Laws,  p.  4811. 

An  act  relative  to  the  valuation  of  property  for  school  purposes  in  school  districts  situated 
in  different  towns.    Passed  December  11, 1847. 

An  act  relative  to  the  office  of  town  superintendent  of  common  schools,  and  amendatory 
of  the  Revised  Statutes  entitled  "  of  public  instruction."  Passed  December  15, 1847.  Sesa. 
Laws,  p.  083. 

An  act  establishing  free  schools  throughout  the  State.  Passed  March  26,  1849.  Sess. 
Laws,  p.  192. 

An  act  to  amend  an  act  entitled  "  An  act  establishing  free  schools  throughout  the  State," 
passed  March  26,  1849.    Passed  April  11,  1849.    Sess.  Laws,  p.  561. 

An  act  making  appropriations  for  the  support  of  common  schools  for  the  years  1849  and 
1.S50.  Passed  March  30,  1810.  Sess.  Laws,  p.  2.36.  Section  2  appropriates  money  from 
United  States  deposit  or  literature  fund  to  such  academies  as  should  educate  common 
school  teachers,  one  or  more  academy  in  each  county,  but  not  to  exceed  $250  to  any 
county. 

An  act  to  amend  an  act  entitled  "  An  act  in  relation  to  suits  against  district  school 
officers,"  passed  May  1, 1847.    Passed  April  11, 1849.    Sess.  Laws,  p.  545. 

An  act  to  amend  chapter  480,  of  Session  Laws  of  1847,  entitled  "  An  act  relative  to  the 
office  of  town  superintendent  of  common  schools,"  and  amendatory  of  the  Revised 
Statutes,  entitled  "of  public  instruction,"  passed  December  15,  1847.  Passed  April  11, 
1849.    Sess.  Laws ,  p.  534. 

An  act  to  amend  "  An  act  establishing  free  schools  throughout  the  State,"  passed  March 
26, 1849.    Passed  January  31,  1850.    Sess.  Laws,  p.  12. 

An  act  requiring  the  supervisors  of  the  several  towns  to  take  further  security  from  the 
town  superintendents  of  common  schools  whenever  it  is  necessary  for  the  safety  of  the 
public  money.    Passed  April  G,  1850.    Sess.  Laws,  p.  345. 

An  act  to  submit  to  the  people  at  the  next  annual  election  the  question  of  the  repeal  of 
the  act  establishing  free  schools  throughout  the  State.  Passed  April  10, 1850.  Sess.  Laws, 
p.  804. 

An  act  to  establish  free  schools  throughout  the  State.  Passed  April  12,  1351.  Sesa. 
Laws,  p.  292. 

An  act  to  amend  the  act  entitled  "  An  act  to  establish  free  schools  throucjhout  the  State." 
Passed  July  9,  1851.    Sess.  Laws,  p.  809. 

An  act  to  authorize  the  superintendent  of  common  schools  to  purchase  Webster's  Una- 
bridged Dictionary  for  the  common  school  districts  of  this  State.  Passed  July  9, 1851.  Sess. 
Laws,  p.  828. 

An  act  to  legalize  the  acts  of  the  several  school  districts  of  this  State,  providing  for  the 
Bupport  of  commim  schools.    Passed  July  10,  1851.    Sess.  Laws,  p.  9.39. 

An  act  to  provide  for  the  care  and  instruction  of  idle  and  truant  children.  Passed  April 
12, 165.3.    Sess.  Laws,  p.  358. 

An  act  to  provide  for  the  instruction  of  common  school  teachers.  Passed  June  17.  18.5.3. 
Sess.  Laws.  p.  800.  Appropriates  to  academies  instructing  students  for  common  school 
teachers,  ten  dollars  a  year  for  each  scholar,  not  exceeding  twenty-five— the  money  to  be 
paid  from  the  United  States  deposit  fund  or  literature  fund. 

An  act  to  provide  for  the  establishment  of  union  free  schools.  Passed  June  18,  1853. 
Sess.  Laws,  p.  828. 

An  act  in  relation  to  recoveries  against  school  officers.  Passed  June  30,  1853.  Sess. 
Laws,  p.  9.51. 

An  act  creating  the  office  of  State  Superintendent  of  Public  Instruction.  Passed  March 
SO,  1854.  Sess.  Laws,  p.  2.30.  Created  the  Department  of  Public  Instruction,  and  trans- 
ferred to  it  the  superintendence  of  the  common  srliools.  The  Secretary  of  State  had  been 
ex  officio  Superintendent  from  April  3,  1821,  to  April  8,  1S.54. 


An  act  in  relation  to  school  moneys.    Passed  February  6, 1855.    Sess.  Laws,  p.  21. 

in  ac 

sedJ 

59 


An  act  to  amend  an  act  entitled  "An  act  to  provide  for  the  instruction  of  common 
echool  teachers,"  passed  June  17, 1853.    Passed  April  13, 1855.    Sess.  Laws,  p.  765. 


466  A  List  of  Acts 

An  act  to  appropriate  the  avails  of  the  State  tax,  and  other  school  money?  for  the  sup- 
port of  schools,  and  for  the  expenditure  of  a  portion  of  the  library  money  in  providintj  tha 
school  districts  with  the  laws  and  decisions  relating  to  public  instruction.  Passed  March 
15,  I80G.    Sess.  Laws,  p.  37. 

An  act  to  provide  for  the  distribution  of  standard  works  of  American  authors  among  the 
libraries  of  district  schools.    Passed  April  12,  1855.    Sess.  Laws,  p.  31L 

An  act  to  provide  for  a  more  thorough  supervision  and  inspection  of  common  schools, 
and  further  to  amend  the  statutes  relating  to  public  instruction  in  this  State.  Passed 
April  12,  1850.     Sess.  Laws,  p.  285. 

An  act  to  amend  the  law  of  taxation  for  the  support  of  schools,  and  to  change  the  mode 
of  distribution  of  school  moneys.     Passed  April  12,  1850.     Sess.  Laws,  p.  290. 

An  act  to  change  the  school  year,  and  to  amend  the  statutes  m  relation  to  public 
instruction.    Passed  April  12,  1858.    Sess.  Laws,  p.  209. 

An  act  to  amend  section  85  of  chapter  430  of  the  Laws  of  1847.  Passed  April  10, 1858. 
Sess.  Laws,  p.  45i. 

An  act  to  provide  for  the  more  effectual  insurance  of  school-houses.  Passed  April  12, 
1800.     Sess.  Laws,  p.  537. 

An  act  requiring  school  district  lines  to  be  definitely  described  and  recorded.  Passed 
April  10,  18()U.     Sess.  Laws,  p.  782. 

An  act  for  the  establishing  academical  departments  in  the  different  "union  schools." 
Passed  April  22,  1SG2.    Sess.  Laws,  p.  812.' 

An  act  to  amend  the  statutes  in  relation  to  public  instruction.  Passed  May  2, 1803.  Sess. 
Laws,  p.  ass. 

An  act  to  revise  and  consolidate  the  general  acts  relating  to  public  instruction.  Passed 
May  2,  1804.    Sess.  Laws,  p.  1211. 

An  act  to  amend  an  act  entitled  "  An  act  to  revise  and  consolidate  the  general  acta 
relating  to  public  instruction,"  passed  May  2,  1804.  Passed  May  1,  1805.  Sess.  Laws, 
p.  1337. 

An  act  to  provide  for  the  appraisal  of  and  acquiring  title  to,  lands  taken  for  or  in  addition 
to  sites  for  district  school-houses.     Passed  April  25,  1800.     Sess.  Laws,  p.  1749. 

An  act  in  relation  to  the  security  to  be  given  by  the  supervisors  of  towns.  Passed  Feb- 
ruary 28,  1800.     Suss.  Laws,  p.  149. 

An  act  to  amend  chapter  800  of  the  Session  Laws  of  eighteen  hundred  and  sixty-six  rela- 
tive to  the  taking  of  lands  for  erection  of  school-hous"s.  Passed  May  9,  1807.  Sess.  Laws, 
p.  2007,  vol.  2. 

An  act  to  increase  the  salary  of  the  office  of  school  commissioner.  Passed  March  16, 
1807.     Sess.  Laws,  p.  119,  vol.  1. 

An  act  in  relation  to  the  valuation  of  the  property  of  railroad  companies  in  school  dis- 
tricts, for  the  purpose  of  taxation.    Passed  April  23,  1807.    Sess.  Laws,  p'.  1744,  vol.  2. 

An  act  to  amend  an  act  to  revise  and  consolidate  the  general  acts  relating  to  public 
instruction,  passed  May  2,  1804,  and  to  abolish  rate  bills  authorized  by  special  act.  Passed 
April  10,  1»07.     Sess.  Laws,  p.  9(34,  vol.  1. 

An  act  providing  for  the  application  of  moneys  hereafter  collected  in  the  Metropolitan 
Excise  district  for  certain  fines,  and  from  licenses  for  the  sale  of  liquors.  Passed  May  10, 
1807.  Sess.  Laws,  vol.  2,  p.  2223.  Appropriates  the  moneys  thus  collected  in  the  counties 
of  Kings,  Queens  and  Richmond,  to  the  support  of  schools,  first  deducting  the  amount 
required  by  law  to  be  paid  to  the  inebriate  asylum  and  inebriates'  home. 

An  act  to  make  the  town  of  Chester  a  part  of  the  second  school  commissioner's  district 
of  Orange  county.    Passed  February  15,  1SC7.     Sess.  Laws,  vol.  1,  p.  70. 

An  act  to  make  the  town  of  Cambria  a  part  of  the  first  school  commissioner's  district  of 
Niagara  county.     Passed  March  28.  1807.     Sess.  Laws,  vol.  1,  p.  270. 

An  act  to  transfer  the  town  of  Dellii  from  the  first  to  the  second  school  commissioner's 
district  of  the  county  of  Delaware.     Passed  April  22,  1807.     Sess.  Laws,  vol.  2,  p.  1476. 

An  act  for  the  sale  and  disposition  of  lands  belonging  to  this  State.  Passed  Febrnary  25, 
1789.  Sess.  Laws  (Webster  &  Skinner's  ed.),  vol.  2,  p.  254.  Section  2  requires  the  Sur- 
veyor-General, in  his  sun-ey  of  the  twenty  townships  in  Chenango  county,  to  mark  in 
every  township  one  lot  go.<pel  and  another  lot  schools,  which  lots  shall  not  be  sold,  but 
ehall  be  reserved  ;  the  lots  marked  gospel  for  the  support  of  the  gospel,  and  the  lots  marked 
schools  for  the  support  of  schools  iii  such  township. 

An  act  relative  to  the  lots  of  land  reserved  for  the  support  of  the  gospel  and  schools,  and 
for  the  promotion  of  literature  in  tlio  military  tract  in  the  county  of  Onondaga.  Passed 
March  23, 1798.  Sess.  Laws  (Kent  &  Ra(lclifi"s  ed.1,  vol.  2,  p.  254.  Puts  the  lot  in  charge  of 
the  supervisors  and  three  commisiioners,  with  power  to  lease  tliem  for  a  term  not  exceed- 
ing tea  years.  The  moneys  arising  from  the  rents  and  profits  were  to  be  expended  for  the 
support  of  the  gospel  and  scliools,  or  for  either,  or  both,  as  the  inhabitants  of  the  towns, 
in  town  meeting,  might  direct. 

An  act  to  amend  an  act  entitled  "  An  act  relative  to  the  lots  of  land  reserved  for  the  sup- 
port of  the  gospel  and  schools,  and  for  the  promotion  of  literature  in  the  military  tract  in 


Relating  to  Schools,  467 

the  connty  of  Onondaga,"  passed  March  23, 179S.  Passed  April  11.  IROS.  Sess.  Laws  fWeb- 
Bter  &  Skinner's  cd.'," p.  4W.  Directs  the  annual  rents  and  profits  arising  Ironi  the  gospel 
lots  to  be  divided  equally  among  the  several  religious  societies  in  the  towns,  and  those 
arising  from  the  school  lots  to  Redistributed  among  the  schools  kept  by<eachers.  to  be 
ai)i)roVed  by  the  supervisor  and  commissioners,  in  jiroportion  to  the  aggregate  number  of 
days  which  the  scholars  in  eacli  respective  school  shall  have  respectively  attended  such 
schools  in  the  year  immediately  preceding  such  division. 

An  act  relative  to  the  lots  of  land  reserved  for  the  support  of  the  gospel  and  schools  in 
the  counties  of  Onondaga,  Cayuga,  and  Seneca.  Passed  April  4,  ISOT.  Sess.  Laws  (Webster 
&  Skinner's  ed.),  p.  152!  Supervisors  and  two  commissioners  to  be  chosen  from  time  to  time 
by  the  towns  authorized  to  Mnse  the  land  for  terms  not  exceeding  twenty-one  years;  the 
moneys  arising  therefrom  toTc  appropriated  according  to  the  provisions.of  the  act  passed 
March  Si,  i;'.)8.  . 

An  act  to  divide  the  county  of  Onondaga.  Passed  April  S,  1803.  Sess.  Laws  (Webster  & 
Skinner's  ed.1,  p.  305.  Erects  Cortland  from  part  of  Onondaga  ;  section  13,  provides  for  an 
equal  division  of  the  gospel  and  school  lauds  between  Truxton  and  Fabius  and  between 
Tally  and  Preble. 

An  act  for  the  direction  of  the  commissioners  of  the  land  oflice  in  certain  cases,  and  for 
other  purposes.  Passed  April  11,  ISOS.  Sess.  Laws  (Webster  <fc  Skinner's  ed.),  p.  411.  Sec- 
tion 1,  one  lot  in  Stirlmg  to  be  set  apart  for  gospel  and  schools,  and  the  other  for  the  pro- 
motion of  literature.  Section  5  directs  the  commissioners  of  the  land  office  to  lay  out  forty 
lots  south  of,  and  adjoining  Oneida  lake,  for  the  benefit  of  the  inhabitants  of  the  twenty- 
townships  in  the  county  of  Chenango. 

An  act  for  dividing  the  lot  set  apart  for  gospel  and  schools  in  the  town  of  Romulus, 
between  the  said  town  and  the  town  of  Fayette.  Passed  March  17,  1S09.  Sess.  Laws, 
(Webster  &  Skinner's  ed.),  p.  4()-J. 

An  act  to  vest  certain  powers  in  the  supervisors  and  assessors  of  the  several  towns  in  the 
county  of  Clinton.  Passed  February  17,  1810.  Sess.  Laws  (Webster  &  Skinner's  ed.),  p.  3. 
Gives  the  supervisors  and  assessors  the  same  powers,  and  imposes  the  same  duties,  as 
were  vested  in  and  imposed  on  the  supervisors  and  commissioners  by  the  act  relative  to  the 
gospol  and  school  lots  in  Onondaga,  passed  March  23,  1798,  and  the  amendatory  act  passed 
April  11,  l.S()8. 

An  act  for  the  payment  of  certain  officers  of  government  and  for  other  purposes.  Passed 
April  9,  ISll.  Sess.  Laws  (Wel)ster  &  Skinner's  ed.),  p.  3->8.  Section  18  authorizes  the  sale 
of  lot  No.  22,  in  the  town  of  Marcellus,  and  the  investment  of  the  avails  for  the  benefit  of 
schools.  Section  23  authorized  the  trustees  of  common  schools  and  gospel  lands  to  execute 
durable  leases  for  the  lots  in  Cayuga  and  Cortland  counties. 

An  act  relative  to  the  lots  appropriated  for  the  support  of  the  gospel  and  schools,  on  the 
twenty  townships  west  of  the  Unadilla  river,  in  the  counties  of  Chenango,  Madison  and 
Oneida,  and  for  other  purposes.  Passed  June  Ki,  1812.  Sess.  Laws  (Webster  &  Skinner's 
ed.),  p.  .533.  Appoints  commissioners  to  divide  the  lots  among  the  townships  and  take 
charge  of  them.  Section  G  sets  apart  lot  No.  17,  instead  of  lot  No.  73,  in  Stirling,  for  gospel 
and  schools. 

An  act  to  amend  the  act  entitled  "An  act  concerning  the  gospel  and  school  lots."  Passed 
April  2,  1813.  Sess.  Laws,  p.  23.  Authorized  the  sale  of  the  lots  and  the  loan  of  the  money 
on  bond  and  mortgage. 

An  act  concerning  the  gospel  and  school  lots,  passed  April  2, 1813.  Sess.  Laws,  p.  107. 
Provides  for  the  election  of  trustees,  and  directs  how  the  l;iiuls  shall  be  sold  and  the  pro- 
ceeds applied.  The  act  applied  to  the  towns  of  Ulysses,  Ovid.  Hector,  ISomulus,  Juiiius 
and  Fayette,  in  the  county  of  Seneca  ;  to  the  towns  of  Dryden,  Genoa,  Locke,  Sempronius, 
Aurelius,  Owasco  and  Hrutus,  in  the  county  ol  Cayuga  ;  to  towns  of  Fabius,  Camillus,  Man- 
liiis.  Pompey  and  TuUy,  in  the  county  of  Onondaga  ;  and  to  the  town  of  Windsor,  in  Broome 
County. 

An  act  to  authorize  the  supervisors  of  the  county  of  Seneca  to  lease  lot  number  twenty- 
four,  in  the  town  of  Ulysses.    Passed  March  2.5,  LsH.     Sess.  Laws,  p.  74. 

By  an  act  of  July  25,  1782  (see  Greenleafs  Laws,  vol.  1,  p.  .5.5,  Sess.  C,  chap.  11),  certain 
lands  were  set  apart  for  the  officers  and  troops  serving  in  the  line  of  the  State  of  New 
York  in  the  array  of  the  United  States  in  the  revolutioi'iary  war.  This  act  was  amended  in 
some  of  its  provisions.  (Sess.  9,  chap.  (>7;  Sess.  11,  chap.  89;  Sess.  12,  chap.  44,  and  Sess.  14, 
chap.  42.)  By  the  act  of  Feb.  28,  1789  (Sess.  12,  chap.  44,  sec.  0),  six  lots  were  reserved  in 
each  township,  viz. :  One  for  i)romoting  the  gospel,  and  a  public  school,  or  schools,  another 
for  promoting  literature  in  this  State,  and  the  remaining  four  to  satisfy  the  surplus  shares 
of  commissicined  officers  not  corresponding  with  the  division  of  (iOO  acres,  and  to  compen- 
sate such  persons  as  should  by  cliance  draw  lots,  the  greater  part  of  which  should  be 
covered  with  water.  In  conformity  with  those  acts  and  the  act  of  April  11,  1790  (Sess.  19, 
chap.  (19),  the  commissioners  of  the  land  oflice  proceeded  to  ballot  for  the  lots,  etc.,  and 
lot  number  2-1,  Ulysses,  -^-as  drawn  for  the  purposes  of  literature.  This  act  fulfilled  the 
intention  of  the  Legislature. 

An  act  confirming  the  division  of  the  lots  appropriated  for  the  gospel  and  schools  on  the 
twenty  townships,  west  of  the  Unadilla  river,  in  the  counties  of  Chenango,  Madison  and 
Oneida.     Passed  April  9.  1814.     Sess.  Laws,  p.  134. 

By  the  act  of  Feb.  25,  1789  (Sess.  12,  chap.  32,  see  Oreenlcaf,  vol.  2,  p.  2fi.5>,  the  Surveyor- 
General  was  directed  to  cause  twenty  townships  to  be  surveyed  and  laid  out  upon  the 
eastern  side  of  the  lands  purchased  from  the  Indians  in  the  year  1785,  each  township  to  be 


408  A  List  of  Acts 

500  chains  square,  and  to  be  divided  into  four  equal  parts,  and  the  whole  tract  to  be  divided 
into  lots  of  250  acres  each.  The  Surveyor-General  was  likewise  directed  to  designate  out 
of  such  lots,  two  lots,  one  to  be  marked  "  gospel  "  and  the  other  "  schools."  The  commis- 
sioners of  the  land  office,  having  been  subsequently  authorized  to  sell  the  waste  and 
unappropriated  lands  belonging  to  this  State,  proceeded  to  sell  among  others  the  said  lots  so 
designated  for  gospel  and  schools.  By  the  act  of  April  10,  1S05  (Sess.  9S,  chap.  l.Sli),  the  Sur- 
veyor-General was  directed  to  cauje  forty  lots  out  of  the  unappropriated  lands  in  the  western 
district,  to  contain  '2.50  acres  each,  to  be  surveyed  and  laid  out,  and  one-half  to  be  marked 
"gospel,"  and  the  other  half  '•  schools,"  being  in  lieu  of  the  lands  appropriated  by  the  act 
of  Feb.  2o,  1789.  By  the  act  of  April  11,  1S08  (Sess.  .31,  chap.  237,  section  5),  the  Surveyor- 
(ieneral  was  directed  to  lay  out  the  forty  lots  in  the  tract  of  land  then  lately  purchased  of 
the  Oneida  Indians.  No  provision  having  been  made  for  apmrtioning  these  lands  among 
tlie  difl'erent  townships,  the  Legislature,  by  the  act  of  June~ifi,  1812  (Sess.  35,  chap.  177), 
authorized  the  inhabitants  of  each  of  the  20  townships  west  of  the  Unadilla  river  in  Che- 
nango, Madisoh  and  Oneida  counties,  and  which  comprised  the  lands  in  question,  to  elect 
an  agent  to  take  charge  of  the  lots,  to  lease  the  same,  to  bring  suits  for  trespasses  thereon, 
etc.  Commissioners  were  likewise  appointed  to  divide  the  forty  lots  among  the  twenty 
townships,  giving  two  to  each.  These  commissioners  having  performed  this  duty,  the 
present  act  was  passed  to  confirm  their  proceedings.  The  law  recites  that  the  commis- 
sioners divided  the  land  into  20  lots  of  144  acres,  20  lots  of  KiO  acres,  and  20  lots  of  196 
acres,  and  gave  to  each  town  one  lot  of  144  acres,  and  one  lot  of  100  acres  and  one  lot  of  19(5 
acres.  A  description  of  the  land  was  made,  signed  and  duly  acknowledged  by  them,  and 
recorded  in  the  clerk's  office  of  the  county  of  Madison. 

An  act  relative  to  the  gospel  and  school  lot  in  the  town  of  Eastern,  in  the  county  of 
Chenango.  Passed  April  11,  1817.  Sess.  Laws,  p.  2:58.  Directs  a  division  of  the  moneys 
arising  from  said  lot  between  the  towns  of  Eastern  and  Oxford. 

An  act  relative  to  the  north  half  of  the  gospel  and  school  lot  in  the  town  of  Guilford,  in 
the  county  of  Chenango.  Passed  April  15,  1818.  Sess.  Laws,  p.  142.  Directs  how  the  renta 
and  profits  of  said  lot  shall  be  dispo.-ed  of  for  the  support  of  schools. 

An  act  concerning  the  gospel  and  school  lot  in  the  town  of  Hector.  Passed  April  17, 
1818.  Sess.  Laws,  p.  157.  Provides  for  tlie  disposition  of  the  rents  and  profits  of  the  lot, 
and  their  distribution  for  the  payment  of  tlie  wages  of  common  school  teachers. 

An  act  to  divide  the  town  of  Hannibal,  in  the  county  of  Oswego.  Passed  April  20, 1818. 
Sess.  Laws,  p.  194.    The  town  of  Granby  erected  and  the  gospel  and  sciiool  lots  divided. 

An  act  concerning  the  gospel  and  school  lot  in  the  town  of  Preble,  in  the  county  of  Cort 
land.  Passed  April  21.  1818.  Sess.  Laws,  p.  2;:i8.  The  moneys  arising  from  the  sale  of  the 
gospel  and  school  lot  divided  between  the  towns  of  Preble  and  Scott. 

An  act  to  divide  the  town  of  Cincinnatus.  in  the  county  of  Cortland,  into  four  towns. 
Passed  April  21, 1818.  Sess.  Laws,  p.  260.  The  towns  of  Willett,  Freetown  and  Harrison 
erected,  and  the  avails  of  the  gospel  and  school  lots  divided  between  them. 

An  act  relative  to  the  gospel  and  school  lot  in  Clinton  township,  now  the  town  of  Bain- 
bridge,  in  the  county  of  Chenango.  Passed  April  2,1819.  Sess.  Laws,  p.  90.  Authorizes 
the  leasing  of  lot  No.  50,  and  a  division  of  the  rents,  one-half  to  the  support  of  the  regular 
preaching  of  the  gospel,  and  the  other  half  to  the  support  of  schools. 

An  act  for  the  more  speedy  collection  of  money  arising  from  the  rent  and  profits  of  gospel 
and  school  lots,  passed  .\pril  1.3,  1819.  Sess.  Laws,  p.  309.  Authorizes  suits  to  be  ))rought 
against  former  commissioners,  and  directs  the  money  recovered  to  be  applied  to  the  sup- 
port of  scliools. 

An  act  to  amend  an  act  entitled  "An  act  relative  to  the  lots  appropriated  for  the  sup- 
port of  the  gospel  and  schools  on  the  twenty  townships  west  of  the  Unadilla  river,  in  the 
counties  of  Chenango,  Madison  and  Oneida,  and  for  other  purposes,"  passed  June  6.  1812. 
Passed  April  13,  1X19.  Sess.  Laws,  p.  299.  Confirms  sales  m  llie  tenth  and  fifteenth  town- 
Bhips,  and  directs  the  election  of  agents  in  the  towns  of  New  Berlin  and  Norwich,  to  take 
charge  of  the  avails  of  such  sales. 

An  act  for  the  relief  of  the  town  of  Cicero.  Passed  April  12, 1820.  Sess.  Laws,  p.  213. 
Applies  the  provisions  of  the  act  of  .\pril  2,  1813,  entitled  "An  act  concerning  the  gospel 
and  school  lots  "  to  the  town  of  Cicero. 

An  act  for  the  relief  of  Wm.  W.  Baldridge.  Passed  November  15,  1820.  Sess.  Laws,  p.  4. 
Authorizes  a  compromise  about  tlie  gospel  and  school  lot  sold  to  him. 

An  act  authorizing  tlie  sale  of  lot  No.  1,  in  the  town  Scipio.  Passed  February  2, 1821. 
8es8.  Laws,  p.  20.    Autliorizes  the  sale  of  the  lot. 

An  act  concerning  the  gospel  and  school  lot  in  the  town  of  Tully  in  the  county  of  Onon 
daga.   Passed  .Marcli  13. 1821.    Sess.  Laws,  p.  88.   Orders  a  division  \vitli  tlie  town  of  Spafford. 

An  act  to  divide  the  town  of  Ulysses,  in  tlie  county  of  Tompkins.  Passed  IMarch  16,  1821. 
Sess.  Laws,  p.  96.  Erects  the  town  of  Covert  and  orders  a  dj^ision  of  the  gospel  and 
school  lot. 

An  act  relative  to  the  gospel  and  school  lot  in  the  town  of  Oswego.  Passed  March  23, 
1821.    Sess.  Laws,  p.  118.    Authorizes  the  leasing  of  the  lot. 

An  act  concerning  the  gospel  and  school  lot   in  the  town  of  Madrid,  and  for  other  pur- 

Soses.     Pa<ised  March  30,  1821.     Sess.  Laws,  p.  171.     .\uthorizes  the  election  of  trustccsaud 
irecta  how  the  lots  shall  be  disposed  of  in  the  towns  of  M  idrid  and  Hannibal. 


Relating  to  Schools.  469 

.    An  act  relative  to  the  c;oppol  and  school  lot  in  the  to-wn  of  Camillus.    Passed  March  31, 

1821.  Scss.  Laws,  p.  189.    Requires  the  trustees  to  give  bonds. 

An  act  concprniiiii  lot  No.  2-1  in  the  town  of  Genoa,  in  the  county  of  Cayuga.  Passed 
February  2-1,  hs22.  Sess.  Laws,  p.  11.  The  avails  of  said  lot  declared  to  belong  to  said  town 
for  the  benefit  of  common  schools. 

An  act  concerning  the  school  fund  in  the  town  of  Otisco,  in  the  county  of  Onondaga. 
Passed  March  15,  1S22.  Sess.  Laws,  p.  (JR.  Provides  for  I  he  division  of  the  proceeds  of  the 
gospel  and  school  lots,  between  Otisco,  Pompey.  Marcelhis  and  Tully. 

An  act  concerning  the  gospel  and  school  lot  belonging  to  the  towns  of  Ulysses,  Enfield 
and  Ithaca.  Passed  April  5,  1822.  Sess.  Liiws,  p.  13!i.  Authorizes  the  election  of  one 
trustee  from  each  town  to  take  charge  of  the  lot,  and  the  proceeds  of  such  part  as  may 
have  been  sold. 

An  act  relative  to  the  gospel  and  school  lot  in  the  town  of  Hector.    Passed  April  12, 

1822.  Sess.  Laws,  p.  21t>.    Directs  how  the  trustees  shall  manage  the  gyspel  and  school 
lots,  and  tlie  proceeds  arising  from  th«  sale  tliereof. 

An  act  concerning  the  gospel  and  school  lot  in  the  town  of  Galen.  Passed  April  17, 1823. 
Sess.  Laws,  p.  315.    Authorized  to  elect  trustees  to  take  charge  of  the  lots. 

An  act  concerning  the  gospel  and  school  lot  in  the  town  of  Stockholm.  Passed  February 
8,  182.3.     Authorizes  the  election  of  trustees  to  take  charge  of  the  lot. 

An  act  concerning  the  gospel  and  school  lots  in  the  several  towns  of  the  county  of  St. 
Lawrence.  Pa^scfliMarch  21,  1S23.  Sess.  Laws,  p.  S7.  Authorizing  the  inhabitants  ol  any 
town  except  DeKalb  to  elect  their  trustees  to  take  charge  of  the  school  lot. 

An  act  to  divide  the  town  of  Aurelius.  Passed  March  28,  1823.  Sess.  Laws,  p.  105.  The 
towns  of  Auburn  and  Fleming  were  erected  by  the  first  section,  and  the  fourth  section  pro- 
vides for  a  division  of  the  bonds  and  mortgages,  moneys  and  otlier  securities,  the  proceeds 
of  the  sale  of  the  gospel  and  school  lots  between  the  ihree  towns. 

An  act  to  divide  the  town  of  Louisville  in  the  county  of  St.  Lawrence.    Passed  April  9, 

1823.  Sess.  Laws,  p.  130.    Erects  the  town  of  Norfolk  and  provides  for  a  division  of  th& 
proceeds  of  the  gospel  and  school  lot. 

An  act  relating  to  the  gospel  and  school  lands  belonging  to  the  town  of  Granby,  in  the 
county  of  Oswego.  Pu«sed  April  11.  I>s2:i.  Ses?.  Laws.  p.  l.")0.  Authorizes  the  leasing  of 
the  gospel  and  school  lands  and  an  ecLuable  division  of  them  between  the  towns  of  Grunby 
and  Lysander. 

An  act  for  the  relief  of  the  trustees  of  school  district  No.  13.  in  the  towns  of  Verona  and 
Vernon,  in  the  county  of  Oneida.  Passed  April,  12,  1823.  Sess.  Laws,  p.  174.  Orders  a 
patent  to  be  issued  to  "the  district  for  twelve  rods  of  land. 

An  act  relating  to  part  of  the  avails  of  the  gospel  and  school  lot  of  the  town  of  Tnlly, 
Passed  Aiiril  23,  1823.  Sess.  Laws,  p.  282.  Provision  as  to  collecting  certain  moneys 
belonging  to  the  towns  of  Tully,  OHsco  and  Spatford. 

An  act  confirming  the  sale  of  certain  lands  made  by  the  trustees  of  the  town  of  Manlius. 
Passed  January  IG,  18^4.  Sess.  Laws,  p.  5.  Confirms  the  sale  of  certain  parcels  of  the  gos- 
pel and  schoollot. 

An  act  establishing  the  boundaries  of  the  literature  and  gospel  and  school  lots  in  the  town 
of  Madrid,  in  the  county  of  St.  Lawrence.    Passed  March  17, 1824.    Sess.  Laws,  p.  00. 

An  act  supplementary  to  an  act  entitled  "  An  act  concerning  the  gospel  and  school  lot  in 
the  town  of  Chenango,  and  county  of  Broome,  and  for  other  purposes,"  passed  April,  IslG. 
Passed  March  30, 1824.    Sess.  Laws,  p.  115.    Autliorizes  the  sale  of  the  gospel  and  school  lot. 

An  act  concerning  the  gospel  and  school  lot  in  the  town  of  Sterling.  Passed  April  1, 
1834.  Sess.  Laws,  p7l36.  Appoints  trustees  to  take  charge  of  the  lot  and  receive  rents  and 
profits. 

An  act  concerning  the  gospel  and  school  lands  in  the  town  of  Colcsville,  in  the  county  of 
Broome.  Passed  November  24. 1824.  Sess.  Laws,  p.  360.  Appoints  trustees  to  take  charge 
and  receive  rents  and  profits  of  lot. 

An  act  to  divide  the  town  of  Galen,  in  the  county  of  Wayne.  Passed  November  24, 1824. 
Scss.  Laws,  p.  .35(;.  Erects  the  town  of  Savannah,  without  giving  it  any  right  in  the  gospel 
and  school  lot  of  Galen. 

An  act  relative  to  the  gospel  and  school  lot  in  Greene  township,  in  the  to^vn  of  Greene 
and  county  of  Clienango.  Passed  Kehruary  5,  1825.  Sess.  Laws,  p.  6.  Provides  for  a 
division  of  the  lot  between  the  towns  of  Coventry  and  Greene. 

An  act  authorizing  the  trustees  of  the  Methodist  Union  Society,  in  the  town  of  Pompey, 
to  sell  and  convey  real  estate.  Passed  April  14,  1825.  Sess.  Laws,  p.  244.  Authorized  to 
Bell  meeting-house  and  lot  to  school  district  No.  7. 

An  act  authorizing  the  sale  of  lot  No.  43,  in  the  Edmeston  tract.  Passed  April  14,  1825. 
Sess.  Laws,  p.  211. 

An  act  concerning  the  gospel  and  school  lots  in  the  several  towns  in  the  county  of  St. 
Lawrence.  Passed  April  21.  1^25.  Sess.  Laws,  p.  415.  .\uth(irizps  tiie  inhal)itants  of  Mas- 
Bcna,  Louisville,  Norfolk,  Madrid,  Lisbon,  Oswegatchic,  Delvalb,  Canton,  Potsd.Tm.  Stock- 
holm and  riopkinton,  to  direct  l\ow  the  income  of  the  said  lots  shall  be  applied,  llepcals 
the  acts  of  March  30,  1821,  and  March  21,  1823,  relating  to  said  lots. 


470  A  List  op  Acts 

An  act  relative  to  the  gospel  and  school  lot,  and  the  literature  lot  in  the  town  of  Owego, 
in  the  county  of  Tioga.    Passed  April  12,  lS-^6.    Sess.  Laws,  p.  151. 

An  act  concerning  the  gospel  and  school  lots  in  the  towns  of  Gouverneurand  Morristown, 
in  the  county  of  St.  Lawrence.  Passed  April  15,  182ti.  Sess.  Laws,  p.  151.  Appoints  trus- 
tees to  take  charge  of  them  and  receive  the  rents  and  profits. 

An  act  concernin;^  the  gospel  and  school  lots  in  the  town  of  Salina,  and  county  of  Onon- 
daga. Passed  April  17,  1828.  Sess.  Laws,  p.  2(i(i.  Appoints  trustees  to  take  charge  of  and 
receive  rents  and  profits. 

An  act  relative  to  the  gospel  and  school  lots,  and  the  literature  lots  in  Sidney  and  DeKalb. 
Passed  April  17,  1S26.  Authorizes  commissioners  of  land  office  to  sell  the  lots  to  the  occu- 
pants having  deeds  or  contracts  from  William  Cooper. 

An  act  relative  to  the  literature,  gospel  and  school  lots  in  the  county  of  St.  Lawrence. 
Passed  March  10, 1827.  Sess.  Laws,  p.  51.  Authorizes  commissioners  of  the  land  office  to 
compromise  with  persons  who  have  sold  or  occupied  such  lots  under  erroneous  surveys. 

An  act  for  the  relief  of  Benjamin  Allen  and  others,  settlers  on  the  Stockbridge  school  lot. 
Passed  April  2,  1827.  Sess.  Laws,  p.  116.  The  lot  herein  mentioned  was  set  apart  for  the 
support  of  schools  for  Indians,  and  this  law  authorized  a  sale  of  the  subdivisions  to  the 
occupants. 

An  act  to  alter  the  time  of  holding  the. annual  town  meetings  in  the  town  of  La  Fayette, 
in  the  county  of  Onondaga,  and  for  the  appointment  of  trustees  of  the  school  fund  belong- 
ing to  said  town.  Passed  April  16,  1S27.  Sess.  Laws,  p.  349.  Provides  for  the  election  of 
three  trustees,  subject  to  the  same  duties  and  penalties  as  provided  by  the  act  of  April  2, 
181.3,  "  concerning  the  gospel  and  school  lots." 

An  act  relative  to  the  common  school  fund  of  the  town  of  Edmeston,  in  the  county  of 
Otsego.  Passed  February  26,  1S2S.  Sess.  Laws,  p.  40.  Provides  for  the  election  of  three 
trustees  to  take  charge  of  the  avails  of  the  sale  of  the  gospel  and  school  lot,  and  the  moneys 
coming  from  the  overseers  of  the  poor,  which  is  to  be  invested  as  a  common  school  fund 
for  the  town. 

An  act  concerning  the  gospel  and  school  lands  in  the  town  of  Sanford,  in  the  county  of 
Broome.  Passed  March  20,  1823.  Sess.  Laws,  p.  93.  Trustees  appointed  under  title  4, 
chapter  15,  part  1,  Revised  Statutes. 

An  act  in  relation  to  the  gospel  and  school  lot  in  the  town  of  Potsdam.  Passed  April  18, 
1S28.  Sess.  Laws,  p.  .309.  Trustees  of  public  lands  authorized  to  sell  said  Jot,  and  hold  the 
proceeds  subject  to  title  4,  chapter  15,  part  1,  Revised  Statutes. 

An  act  concerning  the  gospel  and  school  lot  in  the  town  of  Chenango,  in  the  county  of 
Broome.  Passed  April  9, 1829.  Sess.  Laws,  p.  215.  Lot  granted  to  three  religious  societies, 
to  wit,  the  Episcopal,  the  Methodist  and  the  Presbyterian. 

An  act  relative  to  the  gospel  and  school  lots  in  the  county  of  St.  Lawrence.  Passed 
March  4,  1S30.  Sess.  Laws,  p.  70.  Authorizes  the  inhabitants  by  a  vote  to  direct  the  rents 
and  profits  of  such  lots  to  the  support  of  the  gospel  or  schools,  or  either,  as  they  in  town 
meeting  shall  determine. 

An  act  to  authorize  the  trustees  of  Romulus  to  receive  certain  moneys  of  David  Dey. 
Passed  April  7,  1830.  Sess.  Laws,  p.  140.  Authorizes  the  receipt  of  $300  a  year,  until  the 
amount  due  for  a  part  of  the  gospel  and  school  lot  is  paid. 

An  act  to  authorize  the  sale  of  the  school  lot  in  the  village  of  Oswego.  Passed  April  9, 
1830.     Sess.  Laws,  p.  154. 

An  act  relative  to  the  school  fund  of  the  town  of  DeKalb,  in  St.  Lawrence  county. 
Passed  April  13,  18.35.  Sess.  Laws,  p.  74.  Puts  the  school  fund  into  the  hands  of  the 
trustees  of  gospel  and  school  lots. 

An  act  to  amend  an  act  entitled  "  An  act  to  divide  the  town  of  Serapronius,  in  the  county 
of  Cayuga,"  so  much  as  relates  to  the  division  of  the  school  moneys.  Passed  May  6,  18:j5. 
Sess.  Laws.  p.  278.  Divides  the  gospel  and  school  lot  fund  between  Sempronius,  Nile3 
and  Moravia,  according  to  the  number  of  children  between  the  ages  of  five  and  sizleeu 
years. 

An  act  authorizing  the  trustees  of  school  district  No.  12,  in  the  town  of  Oswego  and 
county  of  Ohwego,  to  sell  a  part  of  their  school  lot.  Passed  A|iril  8,  1830.  Sess.  Laws,  p. 
144.    Authorizes  the  sale  'Si'^i  by  06  feet  from  tlie  oast  part  of  tlie  lot. 

An  act  for  the  safe  keeping  and  to  provide  a  time  for  the  distribution  of  the  gospel  and 
school  fund  moneys  in  the  several  towns  in  the  county  of  Onoudaga.  Passed  Jlay  14,  18-15. 
Sess.  Laws,  p.  311. 

An  act  in  relation  to  certain  school  moneys  and  property  of  the  fourteenth  and  fifteenth 
townships  la  the  county  of  Chenango.    Passed  April  17, 1802.    Sess.  Laws,  p.  405. 


An  act  in  relation  to  the  union  free  school  in  the  village  of  Hamilton,  in  the  county  of 
Madison.    Passed  March  23,  1857.    Sess.  Laws,  vol.  1,  p.  357. 

An  act  in  relation  to  the  union  free  school  in  tlie  village  of  Ilamilton  in  the  county  of 
Sladison.    Passed  April  13,  1S05.    Seas.  Laws,  p.  739. 


Relating  to  Schools.  471 

An  act  in  relation  to  the  union  free  schools  in  the  village  of  Hamilton,  in  the  county  of 
Madison.    Passed  April  15,  18G1.    Set^s.  Laws,  p.  591. 

An  act  in  relation  to  the  Hancock  union  school.    Passed  May  5,  1SG3.    Sess.  Laws.  p.  790. 

An  act  to  authorize  the  trustees  of  school  district  No.  14,  in  the  town  of  Hempstead, 
Queens  county,  to  raise  money  to  pay  certain  recoveries  against  said  trustees.  Passed 
April  15,  1857.    Sess.  Laws,  vol.  2,  p.  24. 

An  act  to  establish  a  free  school  in  district  No.  1,  in  the  town  of  Hempstead.  Passed 
April  10,  18G3.    Sess.  Laws,  p.  174. 

An  act  to  consolidate  scliool  districts  No.  1  and  No.  8.  in  the  town  of  Herkimer,  and 
authorize  them  to  borrow  money.    Passed  April  10,  1850.    Sees.  Laws,  p.  G.'38. 

An  act  to  authorize  the  several  school  districts  in  the  county  of  Herkimer  to  purchase 
0'Conor"8  map  of  the  county  of  Herkimer.     Passed  March  21,  185G.     Sess.  Laws,  p.  46. 

An  act  authorizing  the  superiutepdent  of  common  schools  in  tlie  town  of  Homer  to  sell 
certain  school  lauds,  and  also  to  cbuflrm  the  title  of  others  in  the  towns  of  C'ortlandville 
and  Homer.    Passed  April  2,  1854.    Sess.  Laws,  p.  Hit. 

An  act  to  provide  for  a  free  school  in  the  town  of  Hoosick.  Passed  April  15,  1804.  Sess. 
Laws,  p.  3S4. 

An  act  for  the  incorporation  and  support  of  the  Hudson  Lancaster  society.  Passed  April 
15,  1817.  Sess.  Laws,  p.  322.  Section  7  requires  the  money  received  by  the  city  of  Hudson 
from  the  school  fund  to  be  paid  to  the  trustees  of  the  Lancaster  society,  and  repeals  the 
second  section  of  an  act  autnorizintr  the  application  of  the  common  school  moneys  in  the 
village  of  Athens  and  in  the  city  of  Hudson  to  the  education  of  the  poor  children. 

An  act  relative  to  certain  schools  in  the  city  of  Hudson.  Passed  April  11,  1820.  Sess. 
Laws,  p.  1.5!).  Kcquires  the  money  apportioned  to  the  city  from  the  common  school  fund  to 
be  paid  over  to  the  trustees  of  the  Hudson  Lancaster  society. 

An  act  relative  to  certain  school  districts  in  the  city  of  Hudson.  Passed  April  27, 1826. 
Sess.  Laws,  p.  92.  Provides  for  a  division  of  the  school  moneys  between  the  Lancaster 
school  society  and  the  district  schools.  Repeals,  also,  act  of  April  11,  1820,  relative  to  cer- 
tain schools  in  the  city  of  Hudson. 

An  act  to  authorize  the  raising  of  money  for  the  support  of  the  Lancaster  school  of  the 
city  of  Hudson.  Passed  May  11,  1835.  Sess.  Laws,  p.  311.  Authorizes  a  tax  of  $400  to  be 
annually  levied  and  expended  in  the  support  of  said  school. 

An  act  relating  to  the  Hudson  Lancaster  school.  Passed  March  9,  1339.  Sess.  Laws, 
p.  55. 

An  act  in  relation  to  common  schools  in  the  city  of  Hudson.  Passed  May  20, 1S41.  Sess. 
Laws,  p.  332. 

An  act  to  amend  an  act  entitled  "  An  act  in  relation  to  common  schools  in  the  city  of 
Hudson,"  passed  May  26,  1841.    Passed  January  31,  1843.    Sess.  Laws,  p.  10. 

An  act  providing  for  the  appointment  and  compensation  of  a  librarian  for  the  joint  school 
district  library  of  the  city  of  Hudson.    Passed  April  8,  1844.    Sess.  Laws,  p.  122. 

An  act  to  consolidate  common  school  districts  Nos.  8,  4  and  5,  in  the  village  of  Hunting- 
ton, Suffolk  county.    Passed  April  13,  1857.    Sess.  Laws,  vol.  1,  p.  794. 

An  act  to  authorize  the  trustees  of  school  district  No.  21,  of  the  town  of  Huntington,  to 
borrow  money.    Passed  April  12,  1800.    Sess.  Laws,  p.  520. 

An  act  authorizing  the  trustees  of  school  district  No.  21,  of  the  town  of  Huntington,  in 
the  county  of  Sufl'olk,  to  raise  money  by  tax.    Passed  April  3,  1861.    Sess.  Laws,  p.  217. 

An  act  for  the  relief  of  Richard  Ten  Eyck  and  Peter  P.  Wynkoop.  Passed  April  21,  1825. 
Sess.  Laws,  p.  411.    District  No.  4,  Hurley,  to  pay  them  $50. 


An  act  for  the  establishment  of  schools  in  New  Stockbrid.^e  for  the  instruction  of  Indian 
children.  Passed  February  28, 1804.  Sess.  Laws  (K.  &  R.'s  Rev),  vol.  3,  p.  47G.  Authorizes 
a  lease  of  1,000  acres  of  land  to  John  Gregg  and  others,  for  30  bushels  of  wheat  yearly  for 
each  100  acres,  the  rents  to  be  used  for  paying  the  wages  of  school-masters  for  the  instruc- 
tion of  Indian  children. 

An  act  for  the  relief  of  the  Shinnocock  tribe  of  Indians.  Passed  April  19.18.31.  Sess. 
Laws,  p.  200.  Appropriates  .'jiSO  aununlly  for  throe  years  for  a  school,  in  addition  to  the  sum 
to  which  the  couuty  of  Suffolk  was  entiili?d  by  law. 

An  act  in  relation  to  certain  tribes  of  Indians.  Pa»scd  May  25,  1811.  Sess.  Laws,  p.  213. 
Section  10  establishes  school  districts  for  the  Onondaga  Indians  in  whatever  towns  they 
may  reside,  and  provides  for  schools. 

An  act  to  provide  for  the  education  of  the  children  of  the  Onondaga  Indians  in  the  county 
of  Ononda2;a,  and  the  children  of  the  other  Indians  residing  in  this  State.  Passed  April 
30,  184G.    Sess.  Laws,  p.  127.    Thi:<  is  an  appropriation  law. 

An  act  making  appropriations  for  building  and  furnishing  school-houses,  and  providing 
for  the  education  of  the  children  of  Indians  residing  on  the  Cattaraugus  and  Allegany 
reservations.    Passed  May  7, 1817.    Sess.  Laws,  p.  201. 


472  A  List  of  Acts 

An  act  to  revive  an  act  entitled  "  An  act  for  the  relief  of  the  Shinnecock  tribe  of  Indians." 
passed  April  19,  1831.    Pas.sed  February  17, 184S.    Sess.  Laws,  p.  54. 

An  act  to  provide  for  the  support  and  education  of  a  limited  number  of  Indian  youth  of  the 
State  of  New  York,  at  the  State  normal  school.  Passed  March  23,  1850.  Sess.  Laws,  p. 
140. 

An  act  to  provide  for  the  education  of  the  children  of  the  Tuscarora  Indians,  in  the 
county  of  Niagara.    Passed  June  20, 1851.    Sess.  Laws,  p.  461. 

An  act  for  the  relief  of  the  Shinnecock  tribe  of  Indians.  Passed  March  1,  1851.  Sess. 
Laws,  p.  25.  Appropriates  $200  to  be  expended  for  the  wages  of  a  school  teacher,  for  the 
years  18.51  and  1852. 

An  act  to  provide  for  the  education  of  the  children  of  the  Indians  of  the  Onondaga  reser- 
vation, in  the  county  of  Onondaga,  in  this  State.  Passed  April  16, 1852.  Sess.  Laws,  p. 
CIO. 

An  act  to  provide  for  the  education  of  the  children  of  the  St.  Regis  Indians  in  the  county 
of  Franklin.    Passed  April  13,  1853.    Sess.  Laws,  p.  4:27. 

An  act  to  establish  the  Seneca  Indian  high  school  on  Cattaraugus  reservation.  Passed 
July  21,  185.3.    Sess.  Laws,  p.  1133. 

An  act  to  provide  for  the  establishment  of  schools  upon  the  Tonawanda  reservation,  in 
this  State,  for  the  Instruction  of  Indian  children.  Passed  June  21,  1853.  Sess.  Laws,  p. 
&i3. 

An  act  to  provide  for  the  education  of  the  Tuscarora  Indians  in  the  county  of  Niagara. 
Passed  April  15,  1854.    Sess.  Laws,  p.  663. 

An  act  relating  to  schools  on  the  Tonawanda  reservation.  Passed  April  15, 1854.  Sese. 
Laws,  p.  651. 

An  act  to  facilitate  education  and  civilization  among  the  Indians  residing  within  this 
State.    Passed  April  1, 1856.    Sess.  Laws,  p;  99. 

An  act  to  establish  free  schools  in  the  village  of  Ithaca.  Passed  March  19,  1861.  Sess. 
Laws,  p.  87. 

An  act  in  relation  to  common  schools  in  district  No.  12,  in  the  town  of  Islip,  Suffolk 
county.    Passed  April  17,  1865.    Sess.  Laws,  p.  820. 

An  act  to  provide  for  the  education  of  the  children  of  the  Indians  of  the  Tonawanda 
Indian  reservation  in  the  county  of  Geneeee.    Passed  July  21,  1853.    Sess.  Laws,  p.  1118. 

J. 

An  act  to  incorporate  the  village  of  Jamaica,  in  the  county  of  Queens,  into  a  separate 
school  district,  and  to  establish  free  schools  therein.  Passed  July  18,  1853.  Sess.  Laws, 
p.  997. 

An  act  to  amend  an  act  entitled  "  An  act  to  incorporate  the  village  of  Jamaica  in  the 
countv  of  Queens,  into  a  separate  school  district,  and  to  establish  free  schools  therein," 
passed  July  18,  1853.     Passed  May  9,  1867.     Sess.  Laws,  vol.  2,  p.  2179. 

An  act  relative  to  the  trustees  of  common  schools  in  the  town  of  Jericho.  Passed  March 
15,  1811.  Sess.  Laws  (Webster  &  Skinner's  ed.),  p.  131.  The  inhabitants  were  authorized 
to  elect  trustees  of  common  schools  for  the  town;  who  shall  take  cliarge  of  the  literature 
lot  in  tlie  town,  sell  it,  invest  the  proceeds,  and  use  the  income  for  the  support  and  benefit 
of  common  schools. 

An  act  to  vest  certain  land  belonging  to  the  people  of  this  State  In  the  trustees  of  school 
district  No.  23,  in  Johnstown.  Passed  April  16,  1827.  Sess.  Laws,  p.  ?A0.  Grants  an  acre 
of  land  called  the  jail  lot,  on  condition  that  a  school-house  shall  be  built  thereon  within 
two  years. 

An  act  to  consolidate  the  Jordan  academy,  and  free  school  district  No.  4,  in  the  town  of 
Elbridge,  in  the  county  of  Onondaga.    Passed  February  26,  1867.    Sess.  Laws,  vol.  1,  p.  78. 

K. 

An  act  concerning  school  districts  Nos.  2  and  5,  in  the  town  of  Kindcrhook.  Passed 
April  27,  1829.  Sess.  Laws.  p.  418.  Amended  by  act  of  May  1.  1829.  p.  516,  so  as  to  apply  to 
districts  Noa.  2  and  9.  Authorizes  the  establishment  of  evening  schools  for  children  in  the 
factories. 

An  act  to  consolidate  school  districts  Noa.  5,  8,  11  and  15,  of  the  town  of  Kingston,  Ulster 
county,  into  one  school  district.    Passed  April  29,  1863.    Sess.  Laws,  p.  594. 

An  act  entitled  an  act  to  amend  "An  act  to  consolidate  school  districts  Nos.  5,  8,11 
and  15  of  the  town  of  Kingston,  Ulster  county,  into  one  school  district,"  passed  April  29, 
1863.    Passed  March  12,  1864.     Sess.  Laws,  p.  65. 

L. 

An  act  for  the  relief  of  school  district  No.  0,  in  the  town  of  Lancaster,  in  the  county  of 
Erie.    Passed  April  12,  1855.    Sess.  Laws,  p.  606. 


Relating  to  Schools.  473 

An  act  for  the  relief  of  the  trustees  of  pchool  district  No.  13,  in  the  town  of  Lansing,  In 
the  county  of  Tonipkius.  Passed  April  10,  1S26.  Sess.  Laws,  p.  106.  Commistioners  of 
land  office  directed  to  convey  a  lot  of  land  to  the  district. 

An  act  to  incorporate  a  monitorial  school  society  in  the  village  of  Lansinghurgh.  Passed 
April  14,  1S27.  Sess.  Laws,  p.  297.  Incorporates  "district  No.  1  us  a  monitorial  school  soci- 
ety, and  authorizes  the  inhabitants  of  the  village  to  elect  trustees  annually. 

An  act  for  the  relief  of  the  Lansingburgh  monitorial  school.  Passed  April  5, 182S.  Sess. 
Laws,  p.  172.  Requires  the  money  received  from  liceuses  granted  to  vendors  of  lottery 
tickets  to  be  paid  to  the  trustees  of  the  said  school. 

An  act  to  create  a  school  district  from  part  of  the  village  of  Lansingburgh  and  part  of  the 
city  of  Troy.    Passed  February  20,  1838.    Sess.  Laws,  p.  22. 

An  act  to  repeal  the  act  incorporating  the  "Lansingburgh  monitorial  school  society," 
passed  April  H.  1827.     Passed  May  20,  f841.     Sess.  Laws,  p!  305. 

An  act  to  provide  for  a  free  school  in  district  No.  1,  in  the  town  of  Lansingburgh.  Passed 
October  20,  1S17.     Sess.  Laws,  p.  442. 

An  act  to  amend  an  act  in  relation  to  free  schools  in  the  city  of  Troy,  and  school  district 
No.  10,  in  the  town  of  Lansingburgh,  passed  April  10,  1S50.  Passed  July  1,  1S51.  Sess. 
Laws,  p.  712. 

An  act  to  amend  an  act  in  relation  to  free  schools  in  the  city  of  Troy,  and  school  district 
No.  10.  in  the  town  of  Lansingburgh,  passed  July  1, 1851 ;  also  to  amend  the  act  providiii§' 
for  the  establishment  of  free  schools  in  the  city  of  Troy,  passed  April  4, 1S49.  Passed 
March  28,  1854.    Sess.  Laws,  p.  158. 

An  act  to  provide  for  a  free  school  in  district  No.  5,  in  the  town  of  Lansingburgh,  in  the 
county  of  Rensselaer.    Passed  April  10,  1857.    Sess.  Laws,  vol.  1,  p.  G97. 

An  act  to  authorize  the  town  superintendents  of  common  schools  of  the  towns  of  Lee, 
Ava  and  Annsville,  in  the  county  of  Oueida,  to  appraise  and  make  distribution  of  certain 
Bchool  district  property  in  said  county.    Passed  April  12,  1863.    Sess.  Laws,  p.  409. 

An  act  for  the  relief  of  union  free  school  district  No.  9,  in  the  town  of  Lenos.  Passed 
March  .30, 1S61.    Sess.  Laws,  p.  184. 

An  act  to  authorize  the  town  of  Le  Roy,  in  the  county  of  Genesee,  to  raise  $10,000  foi  the 
benefit  of  the  Le  Roy  academic  institute.    Passed  Alarch  4, 1867.    Sess.  Laws,  vol.  1,  p.  84. 

An  act  to  confirm  the  official  acts  of  Jeremiah  Howe,  Charles  Wright  and  Isaac  Hays, 
tnistees  of  the  Lewis  school  fund,  in  the  town  of  Lewisboro',  in  the  county  of  Westchester. 
Passed  March  2«,  1813.     Sess.  Laws,  p.  42. 

An  act  iu  relation  to  the  Lewisboro'  school  fund.  Passed  April  12, 1842.  Sess.  Laws, 
p.  406. 

An  act  authorizing  the  trustees  of  school  district  No.  10,  in  the  town  of  Little  Falls,  to 
borrow  money  to  build  a  school-house.    Passed  April  1,  1846.    Sess.  Laws,  p.  51. 

An  act  authorizing  the  trustees  of  school  district  No.  1,  iu  the  town  of  Little  Falls,  to 
borrow  money  to  build  a  school-house.    Passed  May  12, 1847.    Sess.  Laws,  p.  291. 

,A.n  act  to  establish  a  free  school  in  school  district  No.  1,  in  the  towns  of  Little  Falls  and 
Manheim,  Herkimer  county.    Passed  March  22,  1866.    Sess.  Laws,  p.  375. 

An  act  for  the  relief  of  the  trustees  of  school  district  No.  7,  in  the  town  of  Lima,  in  the 
county  of  Ontario.  Passed  April  2.  1S19.  Sess.  Laws,  p.  00.  Authorizes  the  sale  (jf  one- 
sixteenth  of  an  acre  of  land  to  the  trustees  of  school  district  No.  7,  by  the  administratrix  of 
Joi^eph  M.  Gilbert,  deceased,  to  belong  to  the  district  so  long  as  occupied  for  a  school-house. 

An  act  to  authorize  joint  school  district  No.  2.  composed  of  parts  of  the  counties  of 
Livingston,  Monroe  and  Ontario,  to  -raise  a  tax.  Passed  December  10, 1847.  Sess.  Laws, 
p.  566. 

An  act  to  authorize  the  trustees  of  school  district  No.  10,  in  the  town  of  Livonia,  in  the 
county  of  Livingston,  to  collect  a  tax.    Passed  July  2,  1851.    Sess.  Laws,  p.  732. 

An  act  to  incorporate  the  Hannibal  and  Volney  Bridge  company,  and  for  other  purposes. 
Passed  April  15,  1817.  Sess.  Laws,  p.  288.  Section  16  directed  the  money  received  into  the 
treasury  lor  the  support  of  a  common  school  iu  the  village  of  Lewiston,  by  the  act  to  alter 
the  plan  of  the  village  of  Lewiston,  passed  March  30, 1810,  to  be  loaned  as  the  school  fund 
moneys  are  loaned. 

An  act  concerning  common  schools  in  the  village  of  Lewiston.  Passed  April  10,  1818. 
Sess.  Laws,  p.  101.  The  moneys  coming  into  the  treasury  under  the  act  to  alter  the  plan  of 
the  village  of  Lewiston,  passed  March  30, 1810,  and  under  section  16  of  the  act  to  incorporate 
the  Hannibal  and  Volney  Bridge  company,  passed  April  15,  1817,  required  to  be  paid  to  the 
trustees  of  common  schools  ol  the  village  of  Lewiston. 

An  act  to  authorize  the  Survevor-General  to  convey  to  David  M.  Smith  a  lot  of  land  in  the 
village  of  Lewiston,  and  for  other  purposes.  Passed  February  9,  1821.  Authorizes  the  sale 
to  him  of  school  lot  No.  266,  and  directs  the  trustees  of  the  common  school  in  tlie  village  of 
Lewiston  to  take  possession  of  all  tire  unscdd  lots  of  land  in  said  village,  which,  by  the  act 
of  March  10,  l»10,  are  pledged  to  the  support  of  schools. 

An  act  relating  to  the  L(!wi8ton  school  fund.  Passed  April  15, 1826.  Sees.  Laws,  p.  2.39. 
Creates  commisbiouers  of  the  fund,  and  directs  all  moneys  belonging  to  it  to  be  transferred 

60 


474  A  List  of  Acts 

to  them  by  the  Comptroller.  Repeals  the  sixteenth  section  of  an  act  to  incorporate  the 
Hamilton  and  V'olney  hridge  company,  passed  April  15,  1817,  and  an  act  concerning  commoa 
schools  in  the  village  of  Lewiston,  passed  April  10,  181S. 

An  act  to  authorize  the  building  of  a  school-house,  in  the  village  of  Lewiston.  Passed 
April  11,  18.34.  Sess.  Laws,  p.  123.  Authorized  a  tax  to  purchase  an  additional  site  and  the 
building  of  a  school-house  thereon. 

An  act  in  relation  to  common  schools,  in  the  village  of  Lockport.  Passed  March  31, 1847. 
Sess.  Laws,  p.  50. 

An  act  to  amend  an  act  entitled  "  An  act  in  relation  to  common  schools  in  the  village  of 
Lockport,"  passed  March  .31,  1847.    Passed  March  18, 1850.    Scss.  Laws,  p.  112. 

An  act  to  amend  an  act  entitled  "An  act  in  relation  to  common  schools  in  the  village 
of  Lockport,"  passed  March  31,  1847.    Passed  April  2,  1858.    Sess.  Laws,  p.  189. 

An  act  in  addition  to  and  in  amendment  of  an  act  in  relation  to  common  schools  in  th« 
village  of  Lockport.    Passed  March  31,  1847.    Passed' May  2,  1803.    Sess.  Laws,  p.  037. 

An  act  to  amend  chapter  51  of  the  Laws  of  1847,  entitled  "  An  act  in  relation  to  common 
schools  in  the  village  of  Lockport,"  and  to  amend  chapter  77  of  the  Laws  of  1850,  entitled 
"  An  act  to  amend  an  act  in  relation  to  common  schools  in  the  village  of  Lockport."  Passed 
April  4,  18(56.    Sess.  Laws,  p.  840. 

An  act  in  relation  to  the  common  schools  in  the  city  of  Lockport.  Passed  May  9, 1S67. 
Sess.  Laws,  vol.  2,  p.  2070. 

An  act  concerning  the  Lodi  union  school  district  and  district  No.  1,  in  the  village  of 
Owego.    Passed  May  12,  184fJ.    Sess.  Laws,  p.  254. 

An  act  to  authorize  the  trustees  of  school  district  No.  2,  in  the  town  of  Luzerne,  Warren 
county.  New  York,  to  borrow  money  to  erect  a  school-house.  Passed  April  8,  1859.  Sess. 
Laws,  p.  445. 

An  act  in  relation  to  school  district  No.  6,  in  the  to^vn  of  Lyons.  Passed  March  27, 1844. 
Sess.  Laws,  p.  63. 

An  act  authorizing  school  district  No.  6.  in  the  town  of  Lyons,  to  raise  money  by  tax. 
Passed  October  20,  1&47.    Sess.  Laws,  p.  439. 

An  act  authorizing  school  district  No.  6,  in  the  town  of  Lyons,  to  collect  a  tax,  voted  by 
them,  in  installments.    Passed  February  15,  1850.    Sess.  Laws,  p.  19. 

An  act  in  relation  to  school  district  No.  6,  in  the  town  of  Lyons,  county  of  Wayne.  Passed 
April  19,  1855.    Sess.  Laws,  p.  1048. 

An  act  to  provide  for  the  determination,  settlement  and  payment  of  the  claim  of  II.  G. 
Hotchkiss  against  school  district  No.  6,  Lyons.    Passed  February  7, 1856.    Sess.  Laws,  p.  14. 

An  act  in  relation  to  school  district  No.  C,  in  the  town  of  Lyons,  AVayne  county.  Passed 
April  7,  1850.    Sess.  Laws,  p.  192. 

An  act  to  amend  an  act  entitled  "  An  act  in  relation  to  school  district  No.  6,  in  the  town 
of  Lyons,  Wayne  county,"  passed  April  7,  1856.    Passed  April  12,  1800.    Sess.  Laws,  p.  499. 

An  act  in  relation  to  the  Lyons  union  school,  in  the  town  of  Lyons,  Wayne  county. 
Passed  April  29,  1803.    Sess.  Laws,  p.  4(;9. 

An  act  for  the  relief  of  Jeremiah  Dunham.  Passed  May  7,  18.39.  Sess.  Laws.  p.  330. 
Authorizes  a  tax  of  .$370.25  on  district  No.  25,  Lysander,  to  pay  a  judgment  against  Dunham 
on  a  contract  I'or  building  a  school-house. 

An  act  to  authorize  and  require  the  trustees  of  school  district  No.  26,  in  the  town  of 
Lysander,  Onondaga  county,  to  raise  money  by  tax.  Passed  April  6, 1860.  Sess.  Laws, 
p.  a32. 

An  act  to  erect  a  union  school  district  in  the  towns  of  Lysander  and  Van  Buren,  in  the 
county  of  Onondaga,  and  to  create  a  board  of  education  therein,  with  power  of  taxation 
and  other  powers  for  school  purposes.    Passed  March  30,  1804.    Sess.  Laws,  p.  138. 

M. 

An  act  to  consolidate  school  districts  Nos.  1,  14, 15  and  23,  in  the  town  of  Malone  in  the 
county  of  Franklin.    Passed  April  19,  1858.    Sess.  Laws,  p.  033. 

An  act  authorizing  the  village  school  district  of  the  town  of  Malone,  in  the  county  of 
Franklin,  to  make  a  loan  from  the  common  school  fund.  Passed  April  1, 1867.  Sess.  Laws, 
vol.  1.  p.  494. 

An  net  to  establish  a  board  of  education  in  and  for  the  village  school  district  of  the  town 
of  Malone,  in  the  county  of  Franklin,  and  for  other  purposes.  Passed  January  24,  1807. 
8cs8.  Laws,  p.  .32. 

An  act  to  establi>h  a  board  of  education  in  and  for  the  village  school  district  of  the  town 
of  Malone  in  the  county  of  Franklin,  and  for  other  purposes.  Passed  January  24,  1807. 
Sess.  Laws,  vol.  1,  p.  32. 

An  art  to  amend  and  consolidate  the  several  acts  relating  to  public  schools  In  the  town 
of  Morrisauia,  in  the  county  of  Westchester.  Passed  April  12,  1807.  Sess.  Laws,  vol.  1, 
p.  78S. 


Relating  to  Schools.  475 

An  act  to  arnend  an  act  entitled  "  An  act  for  the  collection  of  taxes  in  the  towns  of 
Morrisania  and  West  Farms,  in  the  conntj'  of  Westchester,"  passed  April  21,  18G2.  Passed 
May  9,  IsGT.    Sess.  Laws,  vol.  '-',  p.  20S9. 

An  act  in  relation  to  the  Morrisville  union  school.  Passed  May  9,  1867.  Sess.  Laws, 
vol.  2,  p.  20C3. 

An  act  to  provide  for  the  cstahlishment  of  free  schools  in  the  village  of  Middlei^-a-c. 
Passed  April  19,  18CT.    Sess.  Laws,  vol.  1,  p.  1024. 

An  act  to  authorize  the  applicatidn  of  the  interest  of  the  poor  fnnd  of  the  lown  of  Mac- 
donouirh  to  tlic  suppi>rt  of  common  schools.  Passed  April  14,  1S31.  Sess.  Laws,  p.  170. 
Appropriates  the  interest  of  .$000  to  the  support  of  schools. 

An  act  for  the  relief  of  the  trustees  of  joint  school  district  No.  7.  in  the  towns  of  Malta, 
Milton  and  Saratoga  Springs.    Passed  April  8,  1844.    Sess.  Laws.  p.  125. 

,\n  act  in  relation  to  common  schools  in  the  village  of  Medina.  Passed  April  9,  1849. 
Sess.  Laws,  p.  411. 

An  act  to  amend  "  An  act  relating  to  common  schools  in  the  village  of  Medina,"  passed 
April  9,  1819.    Passed  April  10,  1S50.    Sess.  Laws,  p.  086. 

An  act  to  confirm  certain  acts  of  school  district  No.  12,  in  the  village  of  Medina,  rela- 
tive to  raising  money  to  complete  the  school-house.  Passed  March  29,  1851.  Sess.  Laws, 
p.  S3. 

An  act  to  consolidate  the  school  districts  Nos.  Gand  15,  in  the  town  of  Mentz,  in  the  county 
of  Cayuira,  into  one  school  district,  and  to  provide  for  the  organization  of  a  school  and 
academy  therein,  and  to  enable  the  said  district  to  loan  money  to  erect  the  necessary  build- 
ings therefor.    Passed  April  7,  1857.    Sess.  Laws,  vol.  1,  p.  027. 

An  act  to  amend  an  act  entitled  "  An  act  to  consolidate  districts  Nos.  6  and  15,  in  the 
town  of  Meutz,  in  the  county  of  Cayuga,  into  one  school  district,  and  to  provide  for  the 
organization  of  a  school  and  academy  therein,  and  to  enable  the  said  district  to  loan  money 
to  erect  the  necessary  buildings  therefor,"  passed  April  7,  1857.  Passed  March  22,  IbGO. 
Sess.  Laws,  p.  109. 

An  act  to  levy  a  tax  upon  school  district  No.  14,  in  the  towns  of  Mil.in  and  Pine  riains, 
to  reimburse  certain  moneys  to  John  Germond,  David  I.  Hicks  and  Nathan  Smith.  Passed 
January  31,  1849.     Sess.  Laws,  p.  21. 

An  act  in  relation  to  school  district  No.  12,  in  the  towns  of  !^[ilton  and  Ballston,  in  the 
county  of  Saratoga.    Passed  April  11, 18-18.    Sess.  Laws,  p.  337. 

An  act  for  the  relief  of  the  ^Montgomery  academy.  Passed  March  24, 1815.  Sess.  Laws, 
p.  93.  .Makes  the  trustees  of  the  academy  trustees"  of  the  common  scliool  district  No.  7.  in 
the  town  of  .Montgomery.  .  The  common  school  was  to  be  kept  in  a  room  in  their  building, 
by  a  teacher  hired  by  them,  and  the  public  school  moneys  were  to  be  paid  to  tliem.  The 
district  was  made  permanent,  and  was  not  to  be  divided  without  the  consent  of  the  Legisla- 
ture. The  act  was  revised  in  the  Revised  Statutes  of  1827,  and  does  not  appear  to  have 
been  repealed. 

An  act  to  authorize  the  superintendent  of  common  schools,  of  the  tovra  of  Moravia,  to  sell 
lot  No.  52,  in  said  town.    Passed  April  23,  1847.    Sess.  Laws,  p.  121. 

An  act  authorizing  the  board  of  education  of  school  district  No.  1,  late  of  the  town  of 
West  Farms,  now  of  the  towns  of  Morrisania  and  West  Farms,  to  borrow  money  to  build  a 
school-house  in  said  district.    Passed  April  15,  1861.    Sess.  Laws,  p.  590. 

An  act  in  relation  to  schools  and  school  districts  in  the  towns  of  Morrisania  and  West 
Farms,  in  the  county  of  Westcliester.    Passed  April  28,  186^1.    Sess.  Laws,  p.  978. 

An  act  to  consolidate  school  districts  Nos.  1,  3  and  15,  and  part  of  district  No.  2,  of  the 
town  of  Mount  Morris,  county  of  Livingston,  and  State  cff  New  York,  into  one  school  dia 
trict.     Passed  April  20,  IbOO.     Sess.  Laws,  vol.  2,  p.  154T. 

An  act  for  the  relief  of  David  Austin  and  George  V.  Hazard,  late  tnistees  of  school  district 
No.  4,  in  the  town  of  ]\tilo.  in  the  county  of  Yates.  Passed  April  18, 1826.  Sess.  Laws,  p. 
3-iO.    Orders  the  collection  of  a  tax  of  $75,  to  pay  services. 

N. 

An  act  for  the  relief  of  school  district  No.  7,  in  the  town  of  Newark,  and  county  of  Tioga. 
Passed  May  12, 18.36.  Sess.  Laws,  p.  457.  Authorized  to  purchase  the  lower  room  of  a  build- 
ing and  occui)y  it  as  a  school-house. 

An  act  for  the  relief  of  Samuel  White,  Amold  Field  and  Tracy  S.  Knapp,  trustees  of  school 
district  No.  1C>,  in  New  lierlin.    Passed  May  26,  1841.    Sess.  Laws,  p.  316. 

An  act  for  the  relief  of  Samuel  White.  Tracy  S.  Knapp  and  Arnold  Field,  late  trustees  of 
school  district  No.  16,  in  the  town  of  New  Berlin.    Passed  April  12,  1842.    Sess.  Laws,  p.  283. 

An  act  in  relation  to  school  district  No.  13,  in  the  town  of  Newburgh,  and  county  of 
Orange.  Passed  April  S?,  1835.  Authorizes  the  trustees  to  keep  and  maintain  a  school  for 
black  children,  separate  and  apart  from  their  high  school. 

An  act  in  relation  to  the  Newburgh  high  school.    Passed  April  21, 1845.    Sess.  Laws,  p.  73. 

An  act  to  divide  district  No.  13,  in  the  town  of  Newburgh.  Passed  April  6, 1848.  Sesa- 
Laws,  p.  300.  A 


476  A  List  of  Acts 

An  act  to  provide  for  the  establishment  of  free  schools  in  the  village  of  NewlDnrgh.  Passed 
April  6,  1S52.    Sess.  Laws,  p.  202. 

An  act  to  amend  an  act  entitled  "  An  act  to  provide  for  the  establishment  of  free  schools 
in  the  village  of  Newburgh,"  passed  April  6, 1852.    Passed  March  7,  ISfio.    Sess.  Laws,  p.  125. 

An  act  to  authorize  the  board  of  education  of  union  free  school  district  No.  2,  of  the  town 
of  New  Lots,  to  raise  money  lor  the  purchase  of  a  site,  and  the  erection  of  a  new  school- 
house  thereon.     Passed  April  3,  1SU6.     Sess.  Laws,  p.  8U5 

An  act  to  provide  for  a  free  school  in  district  No.  4,  in  the  town  of  Newtown,  in  the  county 
of  Queens.    Passed  March  2T,  1848.    Sess.  Laws,  p.  21G. 

An  act  to  provide  for  a  free  school  in  district  No.  5.  in  the  town  of  Newtown,  in  the  county 
of  Queens.    Passed  March  27,  1848.    Sess.  Laws,  p.  214. 

An  act  to  establish  a  free  school  in  district  No.  3,  in  the  town  of  Newtown.  Passed  March 
16,  1850.    Sess.  Laws,  p.  (59. 

An  act  to  amend  an  act  entitled  "  An  act  to  establish  a  free  school  in  district  No.  3,  in  the 
town  of  Newtown,"  passed  March  16,  1850.    Passed  July  8,  1851.    Sess.  Laws,  p.  777. 

An  act  to  amend  an  act  to  establish  a  free  school  in  district  No.  3,  in  the  town  of 
Newtown,  county  of  Queens.  Passed  March  16, 1850.  Passed  May  5,  1803.  Sess.  Laws, 
p.  760. 

An  act  to  amend  an  act  entitled  "  An  act  to  establish  a  free  school  in  district  No.  3,  in 
the  town  of  Newtown,  county  of  Queens,"  passed  May  5',  1863.  Passed  April  25,  186T. 
Sess.  Laws,  vol.  2,  p.  2012. 

An  act  to  estixblish  free  schools  in  school  district  No.  1,  in  the  town  of  New  Rochelle, 
Westchester  county.    Passed  March  20,  1857.    Sess.  Laws,  vol.  1,  p.  261. 

An  act  confirming  the  sale  of  certain  school  district  property  in  district  No.  5,  in  the 
towns  of  New  Scotland  and  Berne,  in  the  county  of  Albany.  Pas"sed  March  M,  1857.  Sess. 
Laws,  vol.  1,  p.  257. 

An  act  to  legalize  the  acts  of  the  board  of  education  of  school  district  No.  7,  in  the  town 
and  county  of  Niagara,  and  to  define  the  limits  of  said  district.  Passed  April  3,  1860.  Sess. 
Laws,  p.  231. 

An  act  appropriating  the  excise  fees  and  fines  collected  in  the  town  of  New  Utrecht  to 
the  use  of  common  schools  in  that  town.    Passed  May  16,  1867.    Sess.  Laws,  vol.  2,  p.  2310. 

An  act  to  authorize  the  trustee  of  school  district  No.  16,  in  the  town  of  Newstead,  Erie 
county,  to  borrow  money.    Passed  February  8,  1867.    Sess.  Laws,  vol.  1,  p.  61. 

An  act  confirming  the  sale  of  certain  school  district  property  in  district  No.  5.  in  the  towns 
of  New  Scotland  and  Berne,  in  the  county  of  Albany.  Passed  March  19,  1857.  Sess.  Laws, 
vol.  1,  p.  256. 

An  act  for  the  establishment  of  a  normal  school.    Passed  May  7, 1844.    Sess.  Laws,  p.  4C4. 

An  act  in  relation  to  the  normal  school.  Passed  May  7,  1845.  Sess.  Laws,  p.  139.  An 
appropriation  bill. 

An  act  for  the  permanent  establishment  of  the  normal  school.  Passed  April  12,  1843. 
Sess.  Laws,  p.  446. 

An  act  to  provide  for  the  completion  of  the  normal  school  building.  Passed  February  24i 
1849.    Sess.  Laws,  p.  87. 

An  act  for  the  support  of  a  training  school  for  primary  teachers.  Passed  May  4,  1863. 
(Oswego.)    Sess.  Laws,  p.  713. 

An  act  to  amend  "An  act  for  the  support  of  a  training  school  for  primary  teachers," 
passed  May  4,  1863.    Passed  Aprfl  14, 1865.    Sess.  Laws,  p.  804  (Oswego). 

An  act;  in  regard  to  normal  schools.    Passed  April  7, 1866.    Sess.  Laws,  vol.  1,  p.  1015. 

An  act  in  relation  to  the  establishment  of  a  normal  and  training  school  in  the  village  of 
Fredonia,  Chautauqua  county.    Passed  March  30, 1867.    Sess.  Laws,  vol.  1,  p.  334. 

An  art  in  relation  to  raising  moneys  in  the  town  of  Cortlandville,  in  the  county  of  Cort- 
land, for  the  purpose  of  aiding  in  the  erection  and  furnishing  of  a  normal  school  building 
In  said  town.    Paseod  March  30,  1867.    Sess.  Laws,  vol.  1,  p.  306. 

An  act  in  relation  to  the  establishment  of  a  normal  and  training  school  in  the  village  of 
Geneseo,  to  be  called  "  The  Wadsworth  normal  and  training  school."  Passed  March  29, 
1867.    Sess.  Laws,  vol.  1,  p.  295. 

An  act  in  regard  to  the  normal  and  training  school  of  the  city  of  Oswego.  Passed  March 
27,  1807.    Sess.  Laws,  vol.  1,  p.  2.56. 

An  act  to  amend  the  act  entitled  "  An  act  in  regard  to  normal  schools."  Passed  April  7. 
186fv  and  providing  for  a  normal  and  training  school  in  the  city  of  Bufi'alo.  Passed  April 
23,  1867.    Sess.  Laws,  vol.  2,  p.  1568. 

An  act  in  relation  to  the  normal  school  located  at  Potsdam,  in  the  county  of  St.  Lawrence, 

Jnrsuant  to  chapter  466,  Laws  of  1866,  and  to  levy  taxes  for  the  purposes  thereof.    Passed 
anuary  23,  1867.    Sess.  Laws,  vol.  1,  p.  24. 

An  act  in  relation  to  the  establishment  of  a  normal  and  training  school  in  the  village  of 
Brockport.  ^Passed  February  2,  1867.    Sess.  Laws,  vol.  1,  p.  54. 


Relating  to  Schools.  All 

An  act  to  amend  an  act  entitled  "  An  act  in  relation  to  the  establighment  of  a  normal 
school  ill  the  village  of  Brockport,"  passed  February  2, 1807.  Passed  March  19,  1807.  Sess. 
Laws,  vol.  1,  p.  139. 

An  act  to  provide  for  raisinof  money  to  aid  in  the  establishment  of  a  normal  school  at 
Brockport.    Passed  April  23, 1867.    Sess.  Laws,  vol.  2,  p.  1535. 

NEW  YORK. 

An  act  to  direct  certain  moneys  to  be  applied  to  the  use  of  free  schools  in  the  city  of  Now 
York.  Passed  April  8,  1801.  Sess.  Laws  (Webster  &  Skinner's  cd.),  vol.  2,  p.  253.  Directs 
the  school  moneys  apportioned  to  New  York  to  be  paid  "To  the  vestry  of  the  ITpiscopal 
church,  the  vestry  of  Christ  church,  the  trustees  of  the  First  Presbyterian  church,  tlie 
minister,  elders  and  deacons  of  the  Reformed  Dutch  church,  the  trustees  of  the  Methodist 
Episcopal  church,  the  trustees  of  the  Scotch  Presbyterian  cluircli  beloujrinpf  to  the  associ- 
ated reformed  synod,  and  to  the  trustees  of  the  Afi-ican  school,  and  to  the  trustees  of  the 
I'nited  (icrnian  Lutheran,  the  trustees  of  the  German  Iteformed  churches,  to  the  trustees  of 
the  First  Baptist  church  in  the. city  of  New  York,  and  to  the  trustees  of  the  United  Brethren 
or  Jloravian  church,  each,  one-eleventh  part  of  all  the  money  in  the  hands  of  the  common 
council." 

An  act  to  incorporate  the  society  instituted  in  the  city  of  New  York  for  the  establish- 
ment of  a  free  school  for  the  education  of  poor  children,  "who  do  not  belonjj  to  and  are  not 
provided  for  by  any  religious  society.  Passed  April  9,  1805.  Sess.  Laws  (Webster  &  Skin- 
ner's ed.),  vol.  4,  p.  265.  Common  school  education  from  date  of  this  law  until  1842  was  sub- 
stantially in  charge  of  this  society,  whose  principal  founder  and  promoter  was  De  Witt 
Clinton. 

An  act  to  incorporate  the  trustees  of  the  First  Protestant  Episcopal  charity  school  in 
the  city  of  New  "i''ork.  Passed  March  14,  1800.  Sess.  Laws  (Webster  &  Skinner's  ed.), 
vol.  4,  p.  378.  This  act  incorporated  a  school  to  be  kept  instead  of  the  free  school  main- 
tained for  many  years  previous,  under  the  care  and  management  of  the  corporation  of 
Trinity  Church. 

An  act  for  the  further  encouragement  of  free  schools  in  the  city  of  New  York.  Passed 
March  ,30,  IsU.  Sess.  Laws  (Webster  &  Skinner's  ed.1,  p.  172.  Gives  to  the  free  school 
society  §4,00(1  of  the  moneys  arising  from  tlie  excise  duties,  then  in  the  city  treasury,  and 
$1,000  a  year  thereafter. 

An  act  supplementary  to  the  act  entitled  "An  act  for  the  establishment  of  common  schools." 
Passed  March  12,  181.3,  Sess.  Laws,  p.  38.  The  general  school  act  of  1812  did  not  apply 
to  Xew  York  city.  By  this  act  the  city  was  permitted  to  share  in  the  distribution  of  the 
revenue  of  the  school  fund.  Tlie  city  was  required  to  raise  a  sum  equal  to  its  share  of  such 
school  money.  The  common  council  appointed  school  commissioners  to  receive  and  appor- 
tion it.  It  was  to  be  paid  "to  the  trustees  of  the  free  school  society  in  said  city  of  New 
York,  and  the  trustees  or  treasurer  of  the  orphan's  asylum  society,  the  society  of  the 
ec<momical  school  in  the  city  of  New  York,  the  African  free  school,  and  of  such  incorpo- 
rated religious  societies  in  "said  city  as  now  support  or  shall  hereafter  establish  charity 
schools  within  the  said  city,  who  may  apply  for  the  same."  The  distribution  was  to  be  in 
proportion  to  the  average  number  of  "children  taught  between  the  ages  of  four  and  fifteen 
years ;  but  was  to  be  paid  to  no  society  whose  school  had  not  been  kept  for  nine  months  in 
the  previous  year.  The  children  were  to  be  taught  free  of  expense.  The  trustees  of  the 
several  schools  were  to  make  to  the  school  commissioners  reports  similar  to  those  of  the 
trustees  of  common  schools,  and  the  school  commissioners  to  the  superintendent  of  com- 
mon schools.  The  public  money  was  to  be  applied  to  the  payment  of  teachers'  wages. 
The  trustees  of  the  several  societies  were  declared  inspectors  of  the  schools  of  their  respect- 
ive societies. 

An  act  respecting  the  free  school  society  of  New  York.  Passed  April  5,  1817.  Sess. 
Laws,  p.  1.50.    Granted  $2,000  out  of  the  excise  fund. 

An  act  to  incorporate  the  Ilamilton  fi-ee  school  (Now  York),  and  for  other  purposes. 
Passed  Apn\  17,  1818.  Sess.  Laws,  p.  lO-'i.  The  fourth  section  gives  the  trustees  of  this 
school  a  share  in  the  distribution  of  the  common  cchool  moneys. 

An  act  relative  to  the  common  lands  of  the  freeholders  and  inhabitants  of  Harlem. 
Passed  March  28.  1820.  Sess.  Laws.  p.  9I>.  Directs  the  lands  to  be  sold  by  trustees  :  $3,000 
to  be  paid  to  the  Harlem  library;  $.3..500  to  the  Hamilton  school;  $4.(K'0  to  the  Harlem 
school ;  $4,500  to  Manliattanville  school :  and  until  such  schools  are  established  the  funds 
are  to  remain  in  trust  in  the  hands  of  the  trustees,  and  placed  on  good  interest. 

An  act  relative  to  the  Roman  Catholic  benevolent  society  in  the  city  of  New  York. 
Passed  April  1,  1820.  Sess.  Laws.  p.  117.  Requires  the  commissioners  of  common  school 
fund  in  the  city  to  allow  and  pay  to  the  trustees  of  the  society  their  proportion  of  the  com- 
mon school  money. 

An  act  to  amend  an  act  entitled  "An  act  relative  to  the  general  society  of  mechanics  and 
tradesmen  of  the  city  of  New  York,"  passed  April  3,  1811.  Passed  January  20, 1821.  Sess. 
Laws,  p.  10.  Permits  the  school  of  said  society  to  share  in  the  distribution  of  the  school 
moneys. 

An  act  relating  to  common  schools  in  the  city  of  New  York.  Passed  November  19, 1824. 
Sess.  Laws.  \).  337.  Provides  for  the  apportionnient  of  school  moneys  to  the  city,  and  for  the 
election  of  ten  commissioners  to  distribute  it;  prescribes  their  duiies  as  to  making  reports 
and  visiting  the  schools,  auo  repeals  all  former  laws  relating  to  the  schools  of  the  city. 


478  A  List  of  Acts 

An  act  in  relation  to  the  free  school  society  of  New  York.  Passed  Jannary  2S,  1826.  Sess. 
Laws,  p.  I'J.  Name  altered  to  "  public  school  society  of  New  York."  The  society  was 
also  required  to  provide  for  the  education  of  all  children  without  regard  to  the  sect  or 
denomination  to  which  their  parents  miirht  belong.  The  trustees  were,  by  section  3,  per- 
mitted to  charge  a  "moderate  compensation  adapted  to  the  abilities  of  the  parents  of  the 
children." 

An  act  to  amend  the  act  relating  to  common  Bchools  in  the  city  of  New  York,  passed 
November  19,  1834.  Passed  April  8,  1826.  Sess.  Laws,  p.  93.  Increases  the  number  of 
school  commissioners  to  twelve. 

An  act  to  provide  for  the  building  an  asylum  for  the  deaf  and  dumb  in  the  city  of  New 
York.  Passed  March  23, 1827.  Sess.  Laws,  p.  70.  Section  1  appropriated  $10,000  for  pur- 
chase of  land  and  erection  of  buildings,  provided  the  institution  should  raise  an  equal  sum. 
The  Secretary  of  State  was  to  approve  the  site.  By  section  2  the  institution  was  placed 
under  the  supervision  of  the  Superintendent  of  Common  Schools,  and  the  directors  were 
to  file  their  consent  under  their  corporate  seal  in  the  office  of  the  Secretary  of  State. 

An  act  to  incorporate  the  Manhattariville  free  school  in  the  twelfth  ward  in  the  city  of 
New  York.  Passed  March  30,  1827.  Sess.  Laws,  p.  103.  Tliis  was  essentially  a  public  and 
district  school.  The  trustees  were  annually  elected  by  the  freeholders  of  the  village  of 
Manhattanville.    To  receive  $2,500  from  trustees  of  Harlem  fund. 

An  act  to  incorporate  the  trustees  of  the  Harlem  school  in  the  twelfth  ward  of  the  city  of 
New  York.  Passed  April  2,  1827.  Sess.  Laws,  p.  119.  A  public  school,  the  trustees  to  be 
annually  elected  by  a  vote  of  the  freeholders  of  the  village  of  Harlem.  To  receive  $4,000 
from  trustees  of  the  Harlem  fund. 

An  act  to  incorporate  the  trustees  of  the  Yorkville  school,  in  the  twelfth  ward  of  the  city 
of  New  York.  Passed  April  2, 1827.  Sess  Laws,  p.  114.  This  was  also  essentially,  a  public 
Bchool,  of  which  the  trustees  were  elected  by  the  freeholders  of  the  village  of  Yorkville.  To 
receive  $2,000,  from  trustees  of  Harlem  fund.  ' 

An  act  further  to  amend  an  act  entitled  "  An  act  to  incorporate  the  trustees  of  the  First 
Protestant  Episcopal  charity  school  in  the  city  of  New  York."  Passed  April  16, 1827.  Sess. 
Laws,  p.  31.5.    Authorizes  an  increase  of  the  number  of  schools  and  the  number  of  trustees. 

An  act  relative  to  deeds  and  mortgages  executed  or  to  be  executed  by  the  public  school 
pociety  of  New  York.  Passed  January  20,  1829.  Grants  the  right  to  sell  and  convey  real 
estate,  and  to  mortgage  and  confirm  all  foriner  sales  and  grants. 

An  act  for  the  further  support  and  extension  of  common  schools  in  the  city  of  New  York. 
Passed  April  25,  1829.  Sess.  Laws,  p.  397.  Authorizes  the  increase  of  the  city  school  tax 
one-eightieth  of  one  per  cent. 

An  act  for  the  further  support  and  extension  of  common  schools  in  the  city  of  New  York. 
Passed  April  13,  1831.  Sess.  Laws,  p.  164.  Authorizes  a  tax  of  three-eighths  of  one  per 
cent  on  the  valuation  of  the  taxable  property  of  the  city  for  the  purposes  of  common  schools 
in  the  city.  It  is  to  be  apportioned  as  provided  in  the  Revised  Statutes,  article  7,  chapter 
15,  sections  117  to  127. 

An  act  relative  to  the  school  connected  with  the  almshouse  of  the  city  of  New  York. 
Passed  April  13,  IH'-ia.  Sess.  Laws.  p.  54.  Declares  school  entitled  to  its  share  of  public 
moneys  in  any  apportionment  by  school  commissioners,  and  places  the  school  in  charge  of 
the  public  school  society. 

An  act  to  extend  to  the  city  and  county  of  New  York  the  provisions  of  the  general  act  in 
relation  to  common  schools.     Passed  April  11,  18^12.     Sess.  Laws,  p.  184. 

An  act  to  amend  an  act  entitled  "  An  act  to  extend  to  the  city  and  county  of  New  York 
the  provisions  of  the  g(Mieral.act  in  relation  to  common  schools,"  passed  April  11,  1842. 
Passed  April  IS,  1843.     Sess.  Laws,  p.  290. 

An  act  to  amend  the  charter  of  the  public  school  society  of  the  cityof  New  York.  Passed 
March  23,  1844.    Sess.  Laws.  p.  50. 

An  act  more  effectually  to  provide  for  common  school  education  in  the  city  and  county  of 
New  York.     Passed  May  7,  1844.     Sess.  Laws,  p.  490. 

An  act  to  authorize  the  board  of  education  of  the  city  of  New  York  to  establish  evening 
free  schools  lor  the  education  of  ajipreutices  and  others.  Passed  April  16,  1847.  Sesa. 
Laws,  p.  82. 

An  act  to  amend  an  act  entitled  "  An  act  more  effectnally  to  provide  for  common  school 
education  in  the  city  of  New  York,"  passed  May  7,  1844.  Passed  May  11,  1847.  Sess. 
Laws,  p.  275. 

An  act  to  incorporate  the  New  York  society  for  the  promotion  of  education  among  colored 
children.     Passed  Ilecember  7,  1847.     Sess.  Laws,  p.  425. 

An  act  in  relation  to  the  public  school  society  in  the  city  of  New  York.  Passed  March  4, 
1848.     Seas.  Laws,  p.  81. 

An  act  to  amend  an  act  entitled  "  An  act  to  extend  to  the  city  and  county  of  New  York 
the  provisions  of  the  general  act  in  relation  to  common  schools,"  passed  April  11,  1842. 
Passed  March  21,  1848.     Sess.  Laws,  p.  147. 

All  1  ct  to  authorize  the  board  of  education  of  the  city  of  New  York  to  establish  evening 
echools  for  the  education  of  apprentices  and  othera.  Passed  March  25, 1848.  ,  Sess.  Lawa, 
p.  2f)<J. 


Relating  to  Schools.  479 

An  act  to  amend  an  act  entitled  "  An  act  more  effectually  to  provide  for  common  school 
edncation  in  the  city  and  county  of  New  York,"  passed  May  7,  1844.  Passed  March  27, 
1848.     Ses8.  Laws,  p.  211. 

An  act  to  amend  an  act  entitled  "  An  act  more  effectually  to  provide  for  common  school 
education  in  the  city  and  county  of  New  York."  Passed  May  7,  1844.  Passed  May  11, 1849. 
Sess.  Lawe,  p.  549. 

An  act  to  amend  the  charter  of  the  Manhattanville  free  school  in  the  city  of  New  York. 
Passed  March  27,  1850.  Bess.  Laws,  p.  147.  Authorized  to  convey  their  real  estate  and 
improvemuulB  to  the  city. 

An  act  to  amend,  consolidate,  and  reduce  to  one  act  the  various  acts  relative  to  common 
schools  of  the  city  of  New  York.    Pass^ed  July  3,  1851.    Sess.  Laws,  p.  7.34. 

An  act  in  relation  to  the  school  officers  of  the  twentieth  ward  of  the  city  of  New  York. 
Passed  March  2(i.  1852.  Sess.  Laws,  p.  130.  Permits  them  to  enter  upou  the  duties  of  their 
office  as  soon  as  they  take  the  oath  of  office  required  by  law. 

An  act  relative  to  common  schools  in  the  city  of  New  York.  Passed  June  4, 1853.  Sess. 
Laws,  p.  029.  Authorizes  the  public  school  society  to  transfer  all  its  property  and  schools  to 
the  city. 

A  n  act  relative  to  common  schools  in  the  city  of  New  York.  Passed  March  31, 1854.  Sess. 
Laws,  p.  235. 

An  act  relative  to  common  schools  in  the  city  of  New  York.  Passed  April  15, 1854.  Sess. 
Laws,  p.  588. 

An  act  to  enable  the  schools  of  the  Five  Points  House  of  Industry,  and  the  school  estab- 
lished by  the  Ladies'  Home  Missionary  Society,  to  participate  in  the  distribution  of  the 
common  school  fund.    Passed  April  12,  1855.    Sess.  Laws,  p.  'IGl. 

An  act  to  provide  for  the  appointment  of  a  commission  to  secure  the  more  perfect  estab' 
lishment,  government,  resnlation  and  economy  of  common  schools  in  the  city  of  New  York. 
Passed  April  17,  1857.     Soss.  Laws,  vol.  2,  p.  528. 

An  act  to  continue  the  commission  appointed  to  secure  the  more  perfect  establishment, 
eovernment,  regulation,  and  economy  of  common  schools  in  the  city  of  New  York.  Passed 
April  14,  1858.    Sess.  Laws,  p.  318. 

An  act  in  relation  to  school  libraries  in  the  city  of  New  York.  Passed  April  13, 1860. 
Se?8.  Laws,  p.  020. 

An  act  to  repeal  an  act  passed  April  16, 1860,  entitled  "An  act  in  relation  to  school  libra- 
ries in  the  city  of  New  York."  Passed  April  13,  ISGO.  Passed  April  15,  1860.  Sess.  Laws, 
p.  194. 

An  act  to  enable  the  schools  of  the  children's  aid  society  to  participate  in  the  distribu- 
tion of  the  common  school  fund.    Passed  April  17,  1802.    Sess.  Laws,  p.  455. 

An  act  rchitive  to  common  schools  in  the  city  of  New  York.  Passed  April  15, 1863.  Sess. 
Laws,  p.  li)3. 

An  act  relative  to  common  schools  in  the  city  of  New  York.  Passed  April  25,  18G4.  Sess. 
Laws,  p.  822. 

An  act  relative  to  common  schools  in  the  city  of  New  York.  Passed  March  3, 1805.  Sess. 
Laws,  p.  94. 

An  act  to  amend  an  act  entitled  "  An  act  to  amend,  consolidate  and  reduce  to  one  act  the 
various  acts  relative  to  common  schools  of  the  city  of  New  York,"  passed  July  3,  1851, 
Passed  April  2,  1800.    Sess.  Laws,  p.  748. 

An  act  relative  to  common  schools  in  the  city  of  New  York.  Passed  April  9, 1807.  Sess. 
Laws,  vol.  1,  p.  540. 

O. 

An  act  in  relation  to  schools  and  academies  in  the  village  of  Ogdensburgh.  Passed  April 
13,1807.     Sess.  Laws,  vol.  1,  p.  778. 

An  act  to  provide  for  the  payment  of  the  arrears  of  salary  due  the  superintendent  of 
schools  in  the  village  of  Ogdensburgh.    Passed  April  11, 1859.    Sess.  Laws,  p.  509. 

An  act  to  amend  an  act  entitled  "  An  act  in  relation  to  schools  and  academies  in  the  vil- 
lage of  Ogdeusbnrgh,"  passed  April  13,  1857.    Passed  March  22.  1805.    Sess.  Laws,  p.  288. 

An  act  to  amend  an  act  entitled  "An  act  in  relation  to  schools  and  academies  in  the 
'nllage  of  Ogdensburgh,"  passed  April  13,  1857.  Passed  February  19,  ISCO.  Sess.  Laws, 
p.  96. 

An  act  in  relation  to  a  school  lot  in  the  town  of  Olean.  Sess.  Laws,  p.  166.  Authorizes 
sale  of  school  lot. 

An  act  to  consolidate  districts  No.  7  and  No.  28,  in  the  town  of  Onondaga,  county  of 
Onondaga  ;  and  to  provide  for  the  organization  of  a  school  and  academy  therein,  and  to 
enable  the  said  district  to  provide  the  necessary  buildings  therefor.  Passed  April  28,  1866. 
Sess.  Laws,  vol.  2,  p.  1897. 

An  act  to  incorporate  the  union  free  school  district  No.  4,  town  of  Orangctown,  county 
of  Rockland.    Passed  April  14,  1859.    Sess.  Laws,  p.  6S1. 


480  A  List  of  Acts 

An  act  to  amend  the  "  act  incorporating  the  nnion  free  school  district  No.  4,  town  of 
Orangetown,  county  of  Rockland."    Passed  March  26,  1866.    Sess.  Laws,  p.  515. 

An  act  to  legalize  the  site  of  the  school-house  in  school  district  No.  6,  of  the  town  of 
Onondaga,  aud  to  enable  the  trustees  of  said  district  to  acquire  the  title  to  the  lands  now 
used  for  such  site,  and  such  other  lands  as  may  be  necessary  for  the  same.  Passed  April  16, 
1867.    Sess.  Laws,  vol.  1,  p.  935. 

An  act  to  provide  for  the  better  education  of  the  children  in  the  several  orphan  asylums 
in  this  State  other  than  in  the  city  of  New  York.    Passed  April  10, 1850.    Sess.  Laws,  p.  500. 

An  act  to  authorize  the  trustees  of  school  district  No.  3,  in  the  town  of  Orwell,  county  of 
Oswego,  to  sell  a  part  of  their  school  lot.    Passed  April  12,  1843.    Sess.  Laws,  p.  85. 

An  act  in  relation  to  the  public  schools  in  the  city  of  Oswego.  Passed  April  5,  1853. 
Sess.  Laws,  p.  188. 

Au  act  to  amend  an  act  entitled  "  An  act  in  relation  to  the  public  schools  in  the  city  of 
Oswego,"  passed  April  5.  1853.    Passea  June  21,  1853.    Sess.  Laws,  p.  839. 

An  act  to  amend  the  act  entitled  "Au  act  in  relation  to  public  schools  in  the  city  of 
Oswego,"  passed  April  5,  1853.    Passed  March  27,  1855.    Sess.  Laws,  p.  139. 

An  act  to  divide  the  county  of  Oswego  into  three  school  commissioner  districts,  and  to 
provide  for  the  appointment  of  a  school  commissioner  therein.  Passed  March  8,  1859. 
Sess.  Laws,  p.  05. 

An  act  in  relation  to  the  election  of  school  commissioners  in  the  city  of  Oswego.  Passed 
April  17,  1SG7.    Sess.  Laws,  vol.  1,  p.  1004. 

An  act  to  authorize  the  common  council  of  Oswego  to  borrow  money  for  school  uses  and 
for  other  purposes.    Passed  April  5,  1864.    Sess.  Laws,  p.  229. 

An  act  for  the  relief  of  the  trustees  of  school  district  No.  11,  in  the  town  of  Otselic,  Che- 
nango county.    Passed  May  18,  1845.    Sess.  Laws,  p.  2.55. 

An  act  to  authorize  the  trustees  of  school  district  No.  11,  in  the  town  of  Otselic,  to  raise 
money  by  tax  on  said  district  to  pay  the  costs  and  expenses  incurred  by  said  district  or  its 
trustees,"in  a  suit  against  Isaiah  Lewis.    Passed  April  30,  1847.    Sess.  Laws,  p.  159. 

An  act  to  consolidate  the  several  school  districts  within  the  corporate  limits  of  the  village 
of  Owego,  aud  to  establish  free  schools  in  the  same.  Passed  April  23,  1864.  Sess.  Laws, 
p.  739. 

An  act  to  amend  an  act  entitled  "An  act  to  consolidate  the  several  school  districts  within 
the  corporate  limits  in  the  village  of  Owego,  and  to  establish  free  schools  in  the  same," 
passed  April  23,  1864.    Passed  March  17,  1865.    Sess.  Laws,  p.  250. 

An  act  concerning  the  legacy  bequeathed  by  David  Jones  for  the  benefit  of  a  charity 
school.  Passed  March  24, 1795.  Sess.  Laws  (Webster  &  Skinner"s  ed.),  vol.  2,  p.  249.  Three 
hundred  pounds  bequeathed  for  the  education  of  the  poor,  directed  to  be  loaned  on  good 
land  security  by  the  overseer  of  the  poor  of  Oyster  Bay,  and  the  interest  thereof  forever 
applied  to  the  instruction  and  education  of  such  poor  children  in  said  town  as  said  over- 
seers should  deem  objects  of  charity. 

An  act  to  authorize  the  trustees  of  the  Oyster  Bay  academy  to  be  the  trastees  of  a  school 
district.  Passed  April  12,  182.3.  Sess.  Laws,  p.  170.  With  the  consent  of  the  taxabla 
inhabitants,  the  trustees  of  the  academy  were  to  be  trustees  of  the  common  school  district 
composed  of  the  village  of  Oyster  Bay,  for  si.t  years,  and  they  were  to  continue  such  trus- 
tees, provided  such  consent  should  be  renewed  every  six  years. 

An  act  to  establish  a  free  school  in  district  No.  5,  town  of  Oyster  Bay,  Queens  county. 
Passed  .\pril  15,  1857.    Sess.  Laws,  vol.  2,  p.  223. 

An  act  to  alter  school  district  No.  4,  in  the  town  of  Oyster  Bay,  Queens  county.  Passed 
AprU  13, 1800.    Sess.  Laws,  p.  003. 


An  act  relative  to  school  district  No.  1,  in  the  town  of  Palmyra  and  county  of  Wayne. 
Passed  .\pril  ti,  isyo.  Sess.  Laws.  p.  121.  Authorizes  the  district  to  sell  its  school-houiC 
and  lot  to  the  Palmyra  high  school. 

.^^n  act  relative  to  union  school  district  No.  1,  in  the  town  of  Palmyra.  Passed  March  19, 
1847.    Sess.  Laws,  p.  20. 

An  act  in  relation  to  consolidated  school  district  No.  1,  in  the  town  of  Palmyra,  Wayne 
county.     Passed  April  7,  1857.     S(!ss.  Laws,  vol.  1,  p.  000. 

An  act  to  confirm  the  proceedings  of  the  trustees  of  school  district  No.  11,  in  the 
towns  of  Pamelia  and  Leray,  in  the  county  of  Jcfl'erson.  Passed  April  5,  1844.  Sess. 
Laws,  p.  104. 

An  act  in  relation  to  common  schools  in  the  village  of  Penn  Yan.  Passed  April  17, 1857. 
Sess.  Laws,  vol.  2,  p.  647. 

An  act  to  authorize  the  Comptroller  to  loan  money  to  the  Penn  Yan  union  school  district 
from  the  common  school  fund.     Passed  April  14,  1S.")8.     Sess.  Laws,  p.  320. 

An  act  to  amend  an  ac-t  in  relation  to  common  schools  in  the  village  of  Penn  Yan,  passed 
April  17, 1357.    Passed  April  8, 1859.    Sess.  Laws,  p.  453. 


Relating  to  Scuools.  481 

An  act  in  relation  to  school  district  No.  8,  iu  the  town  of  Phelps,  in  the  county  of  Ontario. 
Parsed  April  19, 1855.    Se?6.  Laws,  p.  1056. 

An  act  to  make  the  nnion  school  of  Phelps  a  free  school.  Passed  February  27, 1865.  Sess. 
Law?,  p.  79. 

An  act  to  f^ecnrc  to  school  district  No.  4,  in  Edmoston,aiirt  No.  6.  in  the  town  of  Pittsfleld, 
in  the  county  of  Otsego,  the  legacies  of  AUin  Demiug,  deceased.  Passed  March  IC,  1848. 
Scss.  Laws,  p.  109. 

An  act  for  the  relief  of  Mumford  Olark.  collector  of  school  district  No.  6.  in  the  town  of 
Pitteford.    Passed  January  31,  1843.    Sess.  Laws,  p.  10. 

An  act  in  regard  to  school  district  No.  IG,  in  the  town  of  Pittstown,  in  the  county  of  Rens- 
selaer.    Passed  March  1.^,  18(;<i.     Sess.  Laws,  p.  297. 

An  act  to  consolidate  school  districts  Nos.  1,  2,  and  5,  of  the  town  of  Plattsbursrh,  into  a 
free  union  siui^le  district,  and  to  vest  the  government  thereof,  and  of  the  academy  therein, 
iu  a  board  of  education.     Passed  Jlay  8,  1867.     Sess.  Laws,  vol.  2,  p.  2020. 

An  act  to  make  school  district  No.  9,  in  the  town  of  Pomfret,  a  union  free  school  district. 
Passed  March  17,  1858.    Sess.  Laws,  p.  55. 

An  act  to  amend  an  act  entitled  "  An  act  to  make  school  district  No.  0,  in  the  town  of 
Pomfrot,  a  nnion  free  school  district."  passed  March  17,1858:  and  to  legalize  certain  acts 
of  the  board  of  education  of  said  district.     Passed  March  31,  18(i4.     Sess.  Laws,  p.  98. 

An  act  relative  to  appropriating  the  surplus  poor  funds  iu  the  town  of  Gouverneur,  in  the 
county  of  St.  Lawrence,  for  the  benefit  of  common  schools.  Passed  March  31.  1828.  Sess. 
Laws.  p.  165.  Requires  $1,000  to  hu.  paid  to  the  trustees  of  jxiblic  lauds  iu  said  town  and 
loaned,  and  the  interest  applied  annually  to  the  support  of  common  schools. 

An  act  authorizing  the  overseers  of  the  poor  of  the  town  of  Saranac  to  pay  over  certain 
moneys  in  their  hands  to  the  commissioners  of  common  schools  iu  said  town.  Passed 
Febriiary  5,  1,S29.    Sess.  Laws,  p.  89. 

An  act  relative  to  moneys  in  the  hands  of  the  overseers  of  the  poor.  Passed  April  27, 
1829.  Sess.  Laws,  p.  421.  Authorizes  the  inhabitants  of  towns  to  invest  certain  moneys 
for  the  support  of  schools,  to  be  and  remain  a  permanent  school  fund. 

An  act  to  authorize  the  overseers  of  the  poor  of  the  town  of  Pierrepont,  in  St.  Lawrence 
county,  to  pay  certain  moneys  to  the  commissioners  of  common  schools  in  said  town. 
Passed  April  29,  1,^29.     Sess.  Laws,  p.  4.35. 

An  act  appropriating  certain  poor  funds  iu  the  town  of  DeKalb,  in  the  county  of  St.  Law- 
rence, to  the  common  schools  of  said  town.  Passed  February  22,  1830.  $1,000  to  be  loaned 
and  the  interest  applied  to  the  support  of  common  schools. 

An  act  authorizing  the  application  of  the  interest  arising  from  the  poor  fund  of  the  town 
of  Russell  to  the  school  fund.    Passed  April  26,  ISiU.    Sess.  Laws,  p.  386. 

An  act  for  the  relief  of  Lewis  A.  Talman.  Passed  March  20.  1841.  Sess.  Laws.  p.  33. 
(Portage.) 

An  act  to  incorporate  the  Poughkeepsie  Lancaster  school  society.  Passed  March  11, 
1814.  Sess.  Laws,  p.  45.  Section  6  of  this  act  made  the  village  a  permanent  school  district, 
and  required  the  commissioners  of  common  schools  to  pay  to  the  trustees  of  the  Lancaster 
scliool  society  the  share  of  public  money  apportioned  to  that  part  of  the  town  comprised  in 
the  village. 

An  act  to  establish  free  schools  in  the  village  of  Poughkeepsie.  Passed  April  18, 184.3. 
Sess.  Laws,  p.  279. 

An  act  to  incorporate  the  city  of  Poughkeepsie.  Passed  March  28,  1854.  Sess.  Laws, 
p.  171. 

An  act  to  repeal  and  amend  parts  of  an  act  entitled  "An  act  to  incorporate  the  city  of 
Poughkeepsie."  passed  March  28,  18.54,  and  the  amendments  thereto,  passed  April  12,  1855, 
and  April  2,  1S.5S,  for  the  benefit  of  the  common  schools  in  said  city.  Passed  April  6,  1860. 
Sess.  Laws,  p.  317. 

An  act  to  establish  a  union  free  school  in  district  No.  2,  in  the  town  of  Poughkeepsie. 
Passed  May  1,  186,5.    Sess.  Laws,  p.  1304. 

An  act  to  authorize  school  district  No.  1,  of  the  town  of  Poughkeepsie,  in  the  county  of 
Dutchess,  to  borrow  money  for  the  purpose  of  completing  a  school  building  in  said  district, 
and  to  provide  for  the  payment  thereof.    Passed  March  9,  ls(i7.    Sess.  Laws,  vol.  1,  p.  90. 

An  act  to  consolidate  the  several  school  districts  and  parts  of  districts  in  the  village  of 
Pulaski  into  one  district,  and  provide  for  a  school  therein.  Passed  June  4,  1853.  Sess. 
Laws,  p.  f>48. 

An  act  to  amend  an  act  entitled  "  An  act  to  consolidate  the  several  school  districts  and 
parts  of  districts  in  the  village  of  Pulaski,  into  a  district,  and  ))rovide  for  a  school  therein," 
passed  June  4,  1853.     Passed  April  19,  1855.     Sess.  Laws,  p.  1073. 

An  act  to  amend  an  act  entitled  "  An  act  to  consolidate  the  several  school  districts,  and 
parts  of  districts  in  the  village  of  Pulaski,  into  one  district,  and  to  provide  for  a  school 
therein."    Passed  April  9,  1804.    Sess.  Laws,  p.  .330. 

An  act  authorizing  the  Comptroller  to  loan  money  to  the  Pulaski  school  district,  and  for 
other  purposes.    Passed  April  17, 1354.    Sess.  Laws,  p.  715. 

61 


482  A  List  of  Acts 

An  act  to  amend  an  act  entitled  "  An  act  authorizing  the  Comptroller  to  loan  money  to 
the  Pulaski  school  district,  and  for  other  purposes,"  passed  April  17,  1854.    Passed  April 

13,  1855.     Sess.  Laws,  p.  707. 

R. 

Eevised  Statutes,  passed  in  1827, 1828,  and  ISSO,  chapter  15,  of  part  1,  related  to  public 
Instruction.  The  act  creating  the  board  of  Regents  of  the  University,  all  the  acts  relating 
to  common  schools,  the  laws  relating  to  Lancaster  schools  (Sess.  Laws  of  1821,  p.  54),  and 
all  special  acts  relating  to  villages  and  cities,  were  included  in  said  chapter  15. 

An  act  to  legalize  the  acts  of  the  inhabitants  and  trustees  of  school  district  No.  12,  formed 
partly  out  of  the  town  of  Ridgcway  and  partly  out  of  the  town  of  Shelby  in  the  county  of 
Orleans.     Passed  March  4,  1IS52.     Sess.  Laws,  p.  45. 

An  act  authorizing  the  trustees  of  school  district  No.  12,  in  the  towns  of  Ridgeway  and 
Shelby,  Orleans  county,  to  raise  money  by  tax.     Passed  January  58,  1860.    Seas.  Laws,  p.  14. 

An  act  to  incorporate  the  Rochester  high  school,  in  the  county  of  Monroe.  Passed  March 
15.  1827.  Sess.  Laws,  p.  55.  This  was  a  Lancaster  school  The  first  section  constituted 
districts  Nos.  4  and  14,  in  the  town  of  Brighton,  one  district,  declared  to  he  a  school  district, 
and  appointed  the  first  trustees,  with  power  to  keep  and  maintain  a  school,  and  to  hold  and 
own  property  with  an  income  not  to  exceed  $:!,00()  a  year.  They  were  authorized  to  levy  a 
tax  of  $4,000  on  the  district,  to  build  a  school-house. 

An  act  to  amend  the  act  entitled  "An  act  to  incorporate  the  Rochester  high  school,  in  the 
county  of  Monroe."  Passed  JVIarch  28,  1828.    Sess.  Laws,  p.  134.   Authorizes  thelevy  of  a  tax. 

An  act  to  amend  the  act  entitled  "An  act  to  incorporate  the  Rochester  high  school,  in  the 
county  of  Monroe,"  passed  March  15,  1827.  Passed  April  30,  1829.  Sess.  Laws,  p.  513. 
Authorizes  the  trustees  to  mortirage  real  estate,  and  make  the  payment  of  such  mort- 
gage by  either  of  them,  individually,  operate  as  a  valid  assignment  of  the  mortgage  to  the 
payor. 

An  act  to  authorize  the  Rochester  high  school  to  raise  money  by  tax.  Passed  February 
23,1831.    Sess.  Laws,  p.  52.    Authorizes  the  raising  of  $3,000. 

An  act  to  constitute  the  colored  children  of  Rochester  a  separate  school.    Passed  April 

14,  1832.  Sess.  Laws.  p.  211.  Authorized  the  school  commissioners  of  the  towns  of  Gates 
and  Brighton  to  establish  and  maintain  a  separate  school  for  colored  children  in  the  village 
of  Rochester. 

An  act  to  incorporate  the  city  of  Rochester.  Passed  April  28,  1834.  Title  six  relates  to 
schools. 

An  act  authorizing  the  trustee?  of  school  dii-trict  No.  10,  in  the  city  of  Rochester,  to  sell 
a  part  of  their  school-house  lot.  Passed  April  23,  1835.  Sess.  Laws,  p.  158.  Authorizes  the 
sale  of  half  an  acre  from  the  north  end  of  the  lot,  and  the  expenditure  of  the  avails  in  the 
reparation  of  the  school-house. 

An  act  further  to  amend  the  act  entitled  "An  act  to  incorporate  the  Rochester  high  school, 
in  the  county  of  Monroe,"  passed  March  15, 1827.  Passed  April  20,  1836.  Sess.  Laws,  p.  220. 
Authorizes  the  division  of  the  school  district  attached  to  the  high  school  into  two  common 
school  districts. 

An  act  further  to  amend  an  act  entitled  "An  act  to  incorporate  the  city  of  Rochester." 
Passed  May  14,  1840.  The  sixth  section  authorized  the  levy  of  taxes  for  the  support  of 
schools,  making  them  free. 

An  act  further  to  amend  an  act  entitled  "An  act  to  incorporate  the  city  of  Rochester," 
passed  April  28,  1834.    Passed  May  20,  1841.    Sess.  Laws,  p.  185. 

An  act  relative  to  school  district  No.  5,  in  the  city  of  Rochester.  Passed  April  12, 1843. 
Sess.  Laws,  p.  3G7. 

An  act  relative  to  school  districts  Nos.  5  and  3,  in  the  city  of  Rochester.  Passed  April  10, 
1814.     Sess.  Laws,  p.  131. 

An  act  to  consolidate  and  amend  the  act  to  incorporate  the  city  of  Rochester,  passed  April 
28,  18.)t,  and  the  (several  acts  amendatory  thereof.  Passed  April  11, 1844.  Sess.  Laws,  p.  133. 
Title  ()  relates  to  schools.  Section  8  of  the  title  provided  for  a  tax  sufBcient  to  make  all  the 
schools  free. 

An  act  relative  to  district  No.  3,  in  the  city  of  Rochester.  Passed  April  24,  1845.  Sess. 
Laws,  p.  74. 

An  act  to  amend  an  act  entitled  "  An  act  to  consolidate  and  amend  the  act  to  incorporate 
the  city  of  Rochester,"  passed  April  11,  1844.     Passed  May  2,  1845.     Sess.  Laws,  p.  i>8. 

An  act  providing  for  the  election  of  city  superintendent  of  common  schools  of  the  city 
of  Rochester  by  the  electors  of  said  city.     Passed  April  4,  1848.     Sess.  Laws,  p.  285. 

An  act  to  amend  an  act  entitled  "  An  act  to  con.solidate  and  amend  the  act  to  incorporate 
the  city  of  Rochester,"  passed  April  11,  1844,  and  the  several  acts  amendatory  thereof. 
Passed  February  28,  IS-IO.     Sess.  Laws,  p.  90. 

An  act  to  amend  and  consolidate  the  several  acts  relating  to  the  city  of  Rochester. 
Passed  A]m\  10,  iH.'iO.     Sess.  Laws,  p.  .501.     Title  six  relates  to  schools. 

An  act  in  relation  to  the  free  schools  in  the  city  of  Rochester.  Passed  March  2,  1850. 
Sess.  Laws,  p.  33. 


Relating  to  Schools.  483 

An  act  to  authorize  the  common  council  of  the  city  of  Rochester  to  raise  ten  thon- 
Fand  dollars  for  the  use  of  the  public  schools  therein.  Passed  April  6, 18G0.  Sesa.  Laws, 
p.  316. 

An  act  to  authorize  the  city  of  Rochester  to  borrow  money  for  the  purpose  of  erecting 
school  buildings.    Passed  March  23,  1867.    Sess.  Laws,  vol.  1,  p.  206. 

An  act  for  the  relief  of  certain  school  districts  in  the  town  of  Rome,  in  the  county  of 
Oneida.  Passed  January  21,  ISiS.  Sess.  Laws,  p.  12.  Requires  forfeited  money  to  be 
apportioned  to  certain  districts. 

An  act  to  provide  for  the  erection  of  a  school-house  in  district  No.  5,  in  the  town  of  Rome, 
and  to  chantje  the  site  thereof.    Passed  March  1,  ISoO.    Sess.  Laws,  p.  30. 

An  act  to  amend  an  act  entitled  "An  act  to  make  the  common  schools  free  in  district 
No.  5,  in  the  town  of  Rome,  in  the  county  of  Oneida,  and  to  provide  a  tax  for  that  pur- 
pose," pa.ssed  April  10,  1S62,  and  to  authorize  the  raisiuj,'  of  money  by  tax.  Passed  Marcb 
28,  1867.     Sess.  Laws,  vol.  1,  p.  20.3. 

An  act  in  relation  to  school  district  No.  8,  in  the  town  of  Royalton.  Passed  May  12. 
1847.     Se.^s.  Laws,  p.  .147. 

An  act  for  the  relief  of  the  town  of  Rye.  Passed  February  9,  1891.  Sess.  Laws,  p.  33. 
Orders  the  sale  of  four  acres  of  land  in  said  town  for  tlie  benefit  of  schools. 


An  act  to  consolidate  certain  school  districts  within  or  adjoining  the  corporate  limits  of 
Sag  Harbor,  Suffolk  county,  and  to  establish  a  union  school  therein.  Passed  April  22,  1S63. 
Sess.  Laws,  p.  799. 

An  act  to  legalize  certain  expenditures  of  the  board  of  education  of  the  union  school  dis- 
trict of  Sag  Harbor,  for  the  purchase  of  text  books,  and  for  teachers'  wages,  and  to  author- 
ize the  levying  of  a  tax  for  the  payment  of  the  same.  Passed  April  16,  1864.  Sess.  Laws, 
p.  4()4. 

An  act  to  amend  an  act  entitled  "  An  act  to  consolidate  certain  school  districts  within 
or  adjoining  the  corporate  limits  of  tlie  village  of  Sag  Harbor,  Suffolk  county,  and  to  estal>- 
lish  a  union  school  therein,"  passed  April  22,  1S02.  Passed  April  22,  1864.  Sess.  Laws, 
p.  720. 

An  act  to  constitute  school  district  No.  1,  in  the  town  of  Salina  and  county  of  Onondaga, 
a  free  school.    Passed  April  9,  1S()0.    Sess.  Laws,  p.  354. 

An  act  to  amend  an  act  entitled  "  An  act  to  constitute  school  district  No.  1,  in  the  town 
of  Salina  and  county  of  Onondaga,  a  free  school."  Passed  March  25,  1865.  Sess.  Laws, 
p.  340. 

An  act  authorizing  the  formation  of  a  new  school  district  in  the  town  of  Salina,  in  tho 
countv  of  Onondaga,  to  be  called  school  district  ISo.  0,  of  said  town.  Passed  April  24,  1SG7. 
Sess.  Laws,  vol.  2.  p.  186.3. 

An  act  to  amend  an  act  entitled  "  An  act  to  consolidate  the  several  school  districts, 
and  parts  of  districts,  within  the  corporate  limits  of  Saratoga  Springs,  and  to  estab- 
lish a  free  union  school  or  schools  therein."  Passed  April  25,  1867.  Sesa.  Laws,  vol.  2, 
p.  1958. 

An  act  to  incorporate  the  Schenectady  Lancaster  school  society.  Passed  Nov.  12,  1816. 
Sess.  Laws  of  1817,  p.  10.  The  first  and  second  wards  of  said  city  were  divided,  and  a  por- 
tion formed  by  section  3  into  a  school  district,  and  all  the  money  raised  for  tlie  support  of 
the  school,  in'snch  portion,  and  all  the  money  received  from  the  State,  was  required  to  bo 
paid  to  the  trustees  of  said  society. 

An  act  relative  to  certain  school  districts  in  the  city  of  Schenectady.  Passed  April  6, 
1827.  Authorizes  the  formation  of  certain  school  districts  out  of  the  bounds  of  that  portion 
of  the  city  known  as  the  police,  and  prescribes  how  the  money  raised  by  taxation  shall 
be  divided  between  such  districts  and  the  Lancaster  school  society. 

An  act  relative  to  the  city  of  Schenectady.  Passed  April  21,  1S28.  Sess.  Laws.  p.  <37. 
Requires  the  school  moneys  to  De  apportioned  between  the  district  schools  and  the  Lancas- 
ter school  society. 

An  act  to  provide  for  the  apportionment  of  school  money  in  the  city  of  Schenectady. 
Passed  .April  W.  1829.  Sess.  Laws,  p.  4,S4.  Provides  for  a  distribution  of  the  public  money, 
partly  to  the  district  schools,  and  partly  to  the  Lancaster  school  society. 

An  act  in  relation  to  the  public  schools  in  the  city  of  Schenectady.  Passed  April  9,  1854. 
Sess.  Laws,  p.  373. 

An  act  to  provide  for  an  equitable  apportionment  of  school  moneys  to  certain  districts 
heretofure  within  the  limits  of  the  city  of  Schenectadv,  hut  now  in  the  towns  of  Rotterdam 
and  Niskayuna.     Passed  April  3,  1866.     Sess.  Laws,  p."  803. 

An  act  to  create  a  free  school  in  the  town  of  Schroeppel,  Oswego  county,  and  to  create  a 
board  of  education  therein,  with  powers  of  taxation  and  other  powers  for  school  purposes. 
Passed  April  17,  1865.     Sess.  Laws,  p.  820. 

An  act  for  the  relief  of  Richard  Perkins,  William  M.  Smith  and  Joseph  U.  Blood.  Passed 
April  10, 1845.    Sess.  Laws,  p.  39.    (Scriba,  Oswego  county.) 


484  A  List  of  Acts 

An  act  in  relation  to  school  district  No.  1,  in  the  town  of  Seneca,  and  in  the  county  of 
Ontario.    Pasjsed  April  2-i.  Ib44.    Sess.  Laws,  p.  2711. 

An  act  in  relation  to  school  district  No.  1,  in  the  town  of  Seneca,  in  the  county  of  Ontario. 
Passed  April  1.5,  lb53.     Scss.  Laws,  p.  540. 

An  act  in  relation  to  school  district  No.  1,  in  the  town  of  Seneca,  in  the  county  of  Ontario, 
Passed  April  1:2,  1855.    Sess.  Laws,  p.  tiOO. 

An  act  relating  to  schools  in  the  town  of  Seneca  Falls.  Passed  April  16,  1857.  Sees. 
Laws,  vol.  1,  p.  9-^4. 

An  act  for  the  relief  of  consolidated  school  district  No.  7,  in  the  town  of  Sherhurne, 
County  of  Chenango.    Passed  .March  20,  1853.    Sess.  Laws,  p.  83. 

An  act  to  establish  free  schools  in  the  village  of  Sing  Sing.    Passed  April  15,  1854. 

An  act  to  amend  the  act  entitled  "  An  act  to  establish  free  schools  in  the  village  of  Sing 
Sing,''  passed  April  15,  1854.    Passed  April  10,  1857.    Sess.  Laws,  p.  689. 

An  act  to  amend  the  act  entitled  "An  act  to  establish  free  schools  in  the  village  of  Sing" 
Sing,  passed  April  15,  1854,"  and  the  act  amendatory  thereof  entitled  "  An  act  to  amend  the 
act  entitled  '  An  act  to  establish  free  schools  in  the  village  of  Sing  Sing,'  passed  April  15, 
lbo4,"  passed  April  10,  1857.     Passed  April  8.  1859.     Sess.  Laws,  p.  455. 

An  act  to  amend  the  act  entitled  "  An  act  to  establish  free  schools  in  the  viUage  of  Sing 
Sing,"  passed  April  15,  1854,  and  the  several  acts  amendatory  thereof.  Passed  April  39, 
1^63.    Sess.  Laws,  p.  480. 

An  act  to  consolidate  school  districts  Nos.  2  and  15,  in  the  town  of  Smyrna.  Passed 
March  19,  1852.    Sess.  Laws,  p.  71. 

An  act  to  repeal  an  act  entitled  "  An  act  to  incorporate  the  trustees  of  Somers  village 
school."  Passed  April  9,  1852.  Sess.  Laws,  p.  255.  The  act  repealed  was  passed  April's, 
isll. 

An  act  for  the  relief  of  the  trustees  of  district  No.  2,  in  the  town  of  Southeast.  "Passed 
July  9,  1851.     Sess.  Laws,  p.  850. 

An  act  to  authorize  the  trustees  of  school  district  No.  1,  in  the  towns  of  Southfield  and 
Castleton,  and  county  of  Richmond,  to  mortgai'e  the  property  belonging  to  said  district  for 
certain  purposes.    Passed  April  7,  1852.    Sess.  Laws,  p.  215. 

An  act  for  the  collection  of  unpaid  taxes  in  school  district  No.  1,  in  the  towns  of  Castleton 
and  Southfield,  Kichmoud  county.    Passed  March  31,  1857.    Sess.  Laws,  vol.  1,  p.  453. 

An  act  in  relation  to  school  district  No.  6,  in  the  towns  of  Southfield  and  Castleton,  Rich- 
mond county.    Passed  April  18,  1859.    Sess.  Laws,  p.  10.56. 

An  act  to  incorporate  a  part  of  Stephentown  for  the  purposes  therein  mentioned.  Passed 
JIarch  23,  1799.  Sess.  Laws  (Webster  &  Skinner's  ed.),  vol.  2,  p.  251.  Incorporates  the 
freeholders  of  that  part  of  the  town  known  as  the  twelve  thousand  acres,  and  authorizes  them 
to  choose  annually,  on  the  last  Tuesday  of  May  of  each  year,  three  trustees  of  a  lund  given 
for  the  support  of  "schools.  The  ftmd  is  limited  to  $3,000,  and  the  income  is  to  be  distributed 
for  the  benefit  of  schools  within  the  bounds  of  the  corporation. 

An  act  relative  to  the  school  fund  of  Stephentown,  in  the  county  of  Rensselaer.  Passed 
April  11,  1866.    Sess.  Laws,  p.  1113. 

An  act  for  the  relief  of  Cyril  Carpenter,  Isaac  Joslyn  and  Isaac  Barnes,  now  or  late  trustees 
of  district  No.  10,  in  the  town  of  Steuben.    Passed  April  2,  1846.    Sess.  Laws,  p.  50. 

An  act  for  the  relief  of  Cyril  Carpenter,  Isaac  Joslj-n,  and  Isaac  Barnes,  late  trustees  of 
school  district  No.  10,  in  the  town  of  Sweden.    Passed  March  26,  1847.    Sess.  Laws,  p.  35. 

An  act  to  provide  for  a  permanent  district  school  in  Syracuse.  Passed  April  20, 1832. 
Sess.  Laws,  p.  356.  Makes  district  No.  4,  Salina,  a  permanent  school  district,  and  authorizes 
a  tax  of  $4,000  to  build  a  school-house. 

An  act  to  repeal  "  An  act  to  provide  for  a  permanent  district  school  in  Syracuse."  Passed 
March  25,  1837.     Sess.  Laws,  p.  87.     Repeals  act  of  May  20,  1832. 

An  act  in  relation  to  public  schools  in  the  city  of  Syracuse.  Passed  April  11,  1S4S.  Sess. 
Laws,  p.  344. 

An  act  to  amend  an  act  entitled  "  An  act  in  relation  to  the  public  schools  in  the  city  of 
Syracuse,"  passed  April  11, 1848.    Passed  May  26,  1853.    Sess.  Laws,  p.  575. 

An  act  to  revise  the  charter  of  the  city  of  Syracuse.  Passed  February  25,  1S54.  Sess. 
Laws,  p.  .37. 

An  act  to  authorize  the  city  of  Syracuse  to  raise  money  for  the  establishment  of  a  high 
school.    Passed  March  16,  1867.    Sess.  Laws,  vol.  1,  p.  136. 

SCHOOL   FUND. 

An  act  to  incorporate  the  stockholders  of  the  Mc'rchants'  Bank  in  the  city  of  New  York. 
Passed  March  26,  180.5.  Sess.  Laws  (Webster  &  Skinner's  ed.\  vol.  4,  p.  62.  Section  11 
authorized  tlie  Secretary  of  Stale  to  subscribe  for  one  thousand  shares  of  the  stock,  on  tho 
part  of  the  State,  without  paying  for  the  same,  to  form  a  fund  for  the  support  of  commou 
schools. 

An  act  to  raise  a  fund  for  the  encouragement  of  common  schools.  Passed  April  2, 1805 
Scbs.  Laws  (Webster  &  Skinner's  ed.),  vol.  4,  p.  126.    Appropriates  the  net  nroceeds  of 


Eelatixg  to  Schools.  485 

five  hundred  thousand  acrei^  of  land  as  a  fund  for  common  school?.  The  interest  for  moneys 
loaned  was  to  be  annually  added  to  the  principal,  and  no  distribution  made  until  the  income 
should  amount  to  $oO,OtHj,  the  money  to  be  loaned  on  bond  and  morti;age  at  six  per  cent. 

An  act  further  to  increase  the  common  school  fund.  Passed  March  13,  1S07.  Scss.  Laws 
(Webster  <&  Skinner's  ed.),  vol.  5,  p.  40.  Orders  all  moneys  arising  Irom  the  stocic  of  the 
Stale  in  the  Merchants'  Bank,  and  all  moneys  coming  from  the  proceeds  of  certain  lotteries, 
under  act  of  April  6,  1803,  to  be  invested  in  the  capital  stock  of  said  Merchants'  Bank. 

An  act  givinir  an  additional  term  of  the  general  sessions  of  the  peace  for  the  county  of 
Ontario,  and  authorizing  the  buildin;;  of  a  fire-proof  cU-rk's  ollice  therein,  and  for  other 
purposes.  Passed  Aprils,  isos.  i^ess.  Laws  (Webster  &  Skinner's  ed.),  vol.  5.  p.  3(il.  Sec- 
tion 5  directs  "  that  all  moneys  which  have  or  may  come  into  the  treasury  belon^'ing  to  the 
common  school  fund,  and  which  are  not  directed  by  law  to  be  invested  in  the  stock  of  the 
Merchants'  Bank,  shall  be  loaned  by  the  Comptroller,  pursuant  to  the  directions  of  the  act 
entitled  "  An  act  to  raise  a  fund  for  the  encouragement  of  common  schools,"  passed  April 
2, 1S05. 

An  act  to  render  the  fund  for  the  sui)port  of  common  schools  more  productive.  Passed 
April  5, 1810.  Sess.  Law.s  (Webster  &  t^kinner's  ed.),  vol.  0,  p.  Ui.  Tlie  first  section  author- 
ized the  Comptroller  to  invest  all  ttie  mi)neys  in  the  treasury,  or  to  bo  received,  belonging 
to  the  common  school  fund,  in  the  stock  of  the  Merchant's'  Bank,  the  Columbia  Bank, 
the  Hudson  Bank,  and  the  Mohawk  Bank,  until  the  amount  reserved  to  the  Slate  should  be 
exhausted.  After  such  stock  should  be  filled  up,  the  moneys  were  to  be  invested  ou  bond 
and  mortgage. 

An  act  concerning  the  clerks  of  the  supreme  court  and  for  other  purposes.  Passed  April 
6, 1810.  Sess.  Laws  1  Webster  &  Skinner's  ed.),  vol.  (i.  p.  85.  Section  5  set  apart  the  surplus 
fees  of  the  Supreme  Court  to  increase  the  capital  of  the  conmiou  school  fund. 

An  act  respecting  the  subscription  of  this  State  to  the  Mechanics'  Bank  in  the  city  of 
New  York,  and  for  other  purposes.  Passed  April  8, 1811.  Sess.  Laws  (Webster  &  Skinner's 
ed.),  vol.  0,  p.  -.'tis.  Section  4  directs  the  payment,  on  the  first  day  of  June,  each  year  for 
five  years,  of  S2,500,  ''for  the  use  |ind  encouragement  of  common  schools."  The  Comp- 
troller was  authorized  to  subscribe  ^2o0,000  in  the  stock  of  the  bank.  This  stock  was  to  be 
paid  for  by  the  State. 

An  act  for  the  establishment  of  common  schools.  Passed  April  12,  1812.  Sess.  Laws 
(Webster  &  Skinner's  ed.),  vol.  0,  p.  GOO.  Section  3  directs  when  the  increase  of  the  fund 
shall  be  distributed. 

An  act  to  incorporate  the  stockholder?  of  the  Bank  of  America.  Passed  June  2,  1813. 
Sess.  Laws  (Webster  &  Skinner's  ed.),  vol.  (i,  p.  413.  By  section  12  it  is  enacted  that  the 
corporation  shall  pay  J4<H).(K)0.  or  $100. (!(K)  vearlv,  for  four  years  to  the  Treasurer  of  the 
State,  1100,000  in  ten  years,  ;5;10I),000  in  nin(iteen' years.  Of  this  sum  .?4(.0,0()0  is  set  apart 
for  the  encouragement  of  common  schools ;  $100,000  for  opening  and  improving  naviga- 
tion ;  $100,000  for  the  encouragement  of  literature. 

An  act  to  incorporate  the  stockholders  of  the  City  Bank  of  New  York.  Passed  June  IG, 
1812.  Sess.  Laws  (Webster  it  Skinner's  ed.),  vol.  0.  p.  520.  Section  3  requires  the  bank  1o 
pay  to  the  State  Treasurer  $125,000,  in  six  equal  annual  payments  for  the  use  and  benetit 
of  common  schools. 

An  act  concerning  the  fund  for  the  encouragement  of  schools.  Passed  April  9, 1813.  The 
first  section  sets  apart  the  •' net  proceeds  of  the  vacant  and  unappropriated  lands  of  the 
State,"  sold  subsequent  to  April  2,  1805 ;  the  surplus  moneys  received  for  fees  by  the  clerks 
of  the  supreme  court,  and  the  moneys  paid  into  the  State  trea>ury  by  the  Bank  of  America 
and  the  City  Bank  of  New  York,  as  '"a  permanent  fund  for  the  support  of  common  schools." 
The  remaining  sections  provide  for  the  safe-keeping  and  investment  of  the  money. 

An  act  authorizing  the  Comptroller  to  loan  moneys  belonging  to  the  school  fund,  and  for 
other  purposes.  Passed  April  12,  1813.  Sess.  Laws,  p.  288.  Authorizes  the  loan  of  J45.500 
in  various  sums,  to  individuals  and  con^orations,  on  bond  and  mortgage  at  7  per  cent  for  five 
years. 

An  act  for  the  better  establishment  of  common  schools.  Passed  April  15, 1814.  Sess. 
Laws,  p.  229.  Section  3  directs  how  the  income  of  the  common  school  fund  shall  be  dis- 
tributed. 

An  act  authorizing  a  loan  to  the  Brighton  Bridge  company.  Passed  April  20, 1818.  Sess. 
Laws,  p.  180.    $10,000  from  the  common  school  fund  to  l)e  loaned. 

An  act  for  the  support  of  common  schools.  Passed  April  12,  1819,  Sess.  Laws,  p.  187. 
Section  3  regulates  the  distribution  of  the  income. 

An  act  to  change  and  increase  the  fund  for  the  support  and  encouragement  of  common 
schools,  and  for  other  pun)oses.  Passed  April  13,  ISl'.l.  Sess.  Laws,  p.  274.  Section  1 
declares  that  the  loan  of  1792,  and  the  loan  of  1808,  and  the  stock  in  the  Merchants'  Bank, 
and  the  net  proceeds  of  all  the  lands  which  may  escheat  in  the  military  tract,  and  the 
net  proceeds  of  the  fees  of  the  clerks  of  the  supreme  court,  shall  be  the  "  school  fund." 
The  rest  of  the  act  relates  to  the  investment  of  the  fund  and  the  distribution  of  the 
revenue. 

An  act  concerning  quitrents,  and  to  increase  the  literature  and  school  funds  respectively. 
Passed  April  13,  1819.  Sess.  Laws,  p.  291.  Section  31  directs  that  the  money  received  from 
quitrents  shall  be  divided,  and  one-half  appropriated  to  increase  the  literature  fund,  and 
one-half  to  increase  the  capital  of  the  common  school  fund.    Section  31  directs  the  money 


486  A  List  of  Acts 

to  be  investecf  in  canal  stock.  The  Constitution,  signed  November  10,  1821,  adopted  Jan 
uarv  lb22,  and  which  took  effect  January  1,  l.s-23,  ordained  (sec.  10,  art.  7):  "The  proceeds 
of  all  lauds  belonging  to  this  State,  except  such  parts  thereof  as  may  be  reserved  to  public 
use  or  ceded  to  the  United  States,  which  shall  hereafler  be  sold  or  disposed  of,  together 
with  the  fund  denominated  the  common  school  fund,  shall  be  and  remain  a  perpetual  fund, 
the  interest  of  which  shall  be  inviolably  appropriated  and  applied  to  the  support  of  common 
uchools  throughout  the  State." 

An  act  concerning  loan  otHces.  Passed  April  17,  1802.  Sess.  Laws,  p.  265.  Section  5 
directs  the  school  fund  moneys  to  be  invested  in  any  of  the  public  stocks  <if  the  State,  at  or 
below  their  par  value ;  or,  if  they  cannot  be  purchased  at  par,  then  in  the  next  loan  made  by 
the  commissioners  of  the  canal  fund. 

An  act  for  the  improvement  of  the  school  fund.  Passed  March  8,  1833.  Sess.  Laws,  p.  47. 
Sectioa  1  diiectfi  sale  of  the  school  fund  lands.  Section  2  directs  that  the  moneys  be  invested 
in  the  public  stocks  of  the  State,  or  in  canal  stocks. 

An  act  for  vesting  the  capital  of  the  school  fund.  Passed  November  24,  1824.  Sess.  Laws, 
p.  3.}7.  Directs  the  moneys  belonging  to  the  fund  to  be  invested  in  canal  fund  stock  at  six 
per  cent. 

An  act  to  assign  the  public  lands  in  Otsego  county,  and  the  bonds  on  sales  thereof  hereto- 
fore made,  to  their  respective  funds.  Passed  November  24,  1824.  Sess.  Laws,  p.  isdi.  Divides 
the  proceeds  of  the  lands  between  the  literature  and  school  funds. 

An  act  to  increase  the  common  school  fund.  Passed  November  24,  1824.  Sess.  Laws,  p. 
38().  $1(1,0)0,  directed  to  be  paid  by  the  third  section  of  the  act  entitled  "An  act  to  authorize 
and  provide  for  the  erection  of  a  fever  hospital  in  the  city  of  New  York,"  passed  April  24, 
lb23,  transferred  to  the  school  fund. 

An  act  relative  to  the  sales  of  lands  belonging  to  the  people  of  this  State,  and  to  prevent 
tresjiasses  thereon.  Passed  April  14, 1826.  Sess.  Laws,  p.  209.  Directs  that  within  forty- 
eight  hours  the  purchaser  shall  pay  not  less  than  one-eighth  of  the  purchase-money,  but  that 
the  conditions  shall  not  exact  more  than  oue-half;  or  that  some  other  collateral  tecurity 
may  be  demanded. 

An  act  confirming  the  payment  of  certain  moneys  out  of  tie  treasury  for  the  benefit  of 
common  schools,  and  for  other  purposes.  Passed  .Xpril  18,  1820.  Sess.  Laws,  p.  .355.  Directs 
that  moneys  in  the  treasury  belouL'-iug  to  the  school  fund  may  be  invested  in  the  stock  of 
any  loan  for  the  benefit  of  "the  canal  fund. 

The  Revised  Statutes  entitled  of  public  instruction,  title  second,  art.  2,  of  chap.  1,5, 
which  took  efl'ect  January  1,  1S2S,  contains  directions  for  the  distribution  of  the  income  of 
the  school  fund.  Sec.  1,  title  4,  of  chap.  0,  part  1,  R.  S.,  enacts  as  a  law  the  clause  inserted 
in  the  Constitution  relative  to  the  common  school  fund.  Sec.  2  directs  the  distril)»tion. 
Subsequent  sections  direct  the  manner  of  the  investment.  Section  65,  of  chap.  9  (being  sec. 
79  in  Banks'  5th  ed.),  declares  "  the  lands  belonging  to  the  common  school  fund,  all 
escheated  lands,  and  all  other  lands  belonging  to  the 'people  of  this  State,  which  are  not 
directed  by  law  to  be  kept  for  or  applied  to  any  specific  purpose,  shall  be  deemed  unappro- 
Iiriated  lands,  within  the  moaning  of  this  title."  Does  this  section  include  "land  under 
water."  within  its  terms,  or  were  such  lands  kept  for  the  purposes  of  commerce?  Or  if 
this  were  so  prior  to  1850,  did  not  cliap.  283  of  18.50,  which  permitted  lands  under  water  to 
be  granted  in  perpetuity,  or  for  lieneficial  enjoyment  of  the  owner,  brin"  such  lands  within 
BectioM  (15  aforesaid  ?  And  would  not  land  in  New  York  city  and  elsevvhere,  on  the  shores 
of  the  ocean  and  lakes,  and  on  the  banks  of  rivers,  reclaimed  from  the  water,  filled  in,  and 
then  granted  for  a  valuable  consideration,  be  "  unappropriatel  land  "  and  come  within  the 
terms  of  the  Constitution  and  the  Revised  Statutes  ■/  Chap.  9,  titles  4  and  5,  part  1.  Revised 
Statutes  (Banks'  5th  cd.),  contains  all  the  statutory  enactments  relating  to  the  sale  of  the 
pchool  fund  lands,  and  the  investment  of  the  proceeds,  passed  since  1827. 

By  chapter  228,  Laws  of  1827,  passed  April  13,  the  balance  of  the  loan  of  1786,  was  trans- 
ferred to  the  common  school  fund. 

By  the  same  law  the  sum  of  $150,000  of  the  money  received,  and  to  be  received  from  the 
pale  of  lands  belonging  to  the  catial  fund,  was  transferred  to  the  literature  fund,  tlie  income 
to  be  distributed  to  the  academies  of  the  State  in  "proportion  to  the  number  of  pupils  taught 
for  six  months  (hiring  the  preceding  year,  in  classical  studies,  or  in  the  higher  branches'of 
an  I'vUgiish  education. 

By  chapter  201,  Laws  of  1S29,  passed  April  21,  $65,000  was  directed  to  be  borrowed  on  a 
five  per  cent  stock,  and  tlie  Comptroller  was  directed  to  invest  the  money  iu  the  treasury 
belonging  to  the  school  fund  in  said  stock. 

T. 

An  act  to  authorize  the  school  district  No.  13,  in  the  town  of  Taghkanick.  in  the  county 
of  Columbia,  to  reorganize  under  the  free  school  act.  passed  April  12,  1851.  Passed  April  2, 
1855.     Sess.  Laws,  p.  220. 

An  act  to  incorporate  the  city  of  Troy.  Passed  April  12,  1816.  Sess.  Laws,  p.  129.  The 
fortieth  and  concluding  sections  relate  to-«chools.  The  first  four  wards  were  erected  into  a 
permanent  district,  with  power  in  the  common  council  to  raise  by  tax  $.500  annually  to 
repair  scliool-house  and  support  a  school,  and  also  power  to  build  a  scliool-hoiise,  and  raise 
by  tax  the  necessary  money.    This  law  remained  in  force,  substantially,  until  1849. 


Relating  to  Schools.  487 

An  act  to  amend  an  act  entitled  "An  act  to  prevent  the  sale  of  tickets  of  unauthorized 
lotteries,  and  to  prevent  the  forgery  of  lottery  tickets."  Passeil  March  21, 1S28.  Sess.  Laws, 
p.  100.  Requires  the  mavor  of  Troy  to  apply  all  the  money  received  by  him  for  granting 
licenses  to  the  vendors  of  lottery  tickets  in  Troy,  to  the  trustees  of  district  No.  1.  to  be  by 
them  expended  in  the  establishment  and  support  of  a  high  school  on  the  monitorial  plan. 

An  act  concerning  the  first  school  district  in  the  city  of  Troy.  Passed  April  12,  1842. 
Sess.  Laws,  p.  3:^. 

An  act  concerning  the  first  school  district  in  thfi  city  of  Troy.  Passed  March  1, 1843- 
Sess.  Laws,  p.  22. 

An  act  in  relation  to  the  first  school  district  in  the  city  of  Troy.  Passed  April  5, 1S43. 
Bess.  Laws,  p.  292. 

An  act  to  amend  the  charter  of  the  city  of  Troy,  and  to  provide  for  the  establishment  of 
free  schools  in  said  city.  Passed  April  4,  1849.  Sess.  Laws,  p.  299.  This  act  made  the  city 
a  school  district  and  declared  the  schools  free. 

An  act  to  amend  an  act  entitled  "  An  act  to  amend  the  charter  of  the  city  of  Troy,  and  to 
establish  free  schools  therein,"  passed  April  14, 1S49.  Passed  May  11,  1805.  Sess.  Laws, 
p.  1409. 

An  act  in  relation  to  free  schools  in  the  city  of  Troy,  and  school  district  No.  10,  in  the 
town  of  Lansingburgh.     Passed  April  10,  ly.W.     Sess.  Laws,  p.  7G5. 

An  act  to  amend  the  act  entitled  "  An  act  to  amend  the  charter  of  the  city  of  Troy,  and  to 
provide  for  the  establishment  of  free  schools  in  said  city,"  passed  April  4,  1849.  Passed 
March  17,  1851.    Sess.  Laws,  p.  55. 

An  act  to  amend  an  act  in  relation  to  free  schools  in  the  city  of  Troy,  and  school  district 
No.  10,  in  the  town  of  Lansiiigburgh,  passed  Julyl,  1851 ;  and  to  amend  the  act  providing  for 
free  schools  in  the  city  of  Troy,  passed  April  4,"  1819.  Passed  March  28,  1854.  Sess.  Laws, 
p.  158. 

An  act  to  enable  the  hoard  of  education  of  union  free  school  district  No.  1,  of  the  town 
of  Tonawanda,  Erie  county,  to  borrow  money  to  l)uild  a  school-house,  and  to  issue  the 
bonds  of  the  district  therefor.    Passed  March  9, 1SC7.    Sess.  Laws,  vol.  1,  p.  100. 

U. 

An  act  for  granting  certain  privilepres  to  the  college  heretofore  called  King's  college,  for 
altering  the  name  and  charter  thereof,  and  erecting  an  university  within  this  State.  Passed 
the  first  day  of  May,  1784. 

An  net  to  amend  an  act  entitled  "An  act  for  granting  certain  privileges  to  the  college 
heretofore  called  King's  college,  for  altering  the  name  and  charter  thereof,  and  erect- 
ing an  university  within  this  State,"  passed  the  first  day  of  May,  1784.  Passed  November 
26,  1784. 

An  act  to  institute  an  university  within  this  State,  and  for  other  purpose?  therein  men- 
tioned. Passed  I3th  April.  17^7.  "The  Sth,  9lh.  10th  and  11th  sections  of  this  act  confirm 
the  charter  granted  in  17.")4  to  the  governors  of  the  college  of  the  province  of  New  York  ; 
and  ordered  the  style  of  it  to  be  the  trustees  of  Columbia  college.  The  Sth  section  c<m- 
firms  in  the  college  all  ''power,  authority,  rights,  principles,  franchises  and  immunities," 
which  it  possessed,  and  "all  and  singular  the  lauds,  tenements,  hereditaments  and  real 
estate,  goods,  chattels,  rents,  annuities,  moneys,  books  and  other  property"  belonging  to 
eaid  college.  It  has  been  thought  not  advisable  to  include  in  this  list  the  names  of  colleges 
and  academies  chartered  by  the  Reircnts  of  the  University,  or  by  act  of  the  Legislature. 
They  may  be  found  in  the  Convention  Manual  of  1807.  Existing  colleges  and  academies 
nearly  all  report  annually  to  the  Regents. 

An  act  to  incorporate  the  village  of  Utica.  Passed  April  7,  1817.  Sess.  Laws,  p.  211. 
Section  27  applied  all  the  school  inoneys  coming  to  said  village  under  the  school  laws  to 
the  sii;.,iort  of  a  free  school  for  the  education  of  such  poor  children  as  were  entitled  to  a 
prati;itous  cMiucation.  By  section  28,  all  the  school  propt'rty  of  the  twelfth  district  of 
Whitetown  was  vesti'd  in  the  trustees  of  the  village  of  Utica  for  said  free  school.  Ky 
section  29.  the  village  was  authorized  to  raise  not  exceeding  ^100  a  year  for  the  support 
of  such  school. 

An  act  relative  to  common  schools  in  the  village  of  Utica.  Passed  April  16,  1831.  Sess. 
Laws.  p.  187.  Gives  the  trustees  of  the  village  power  to  establish  schools  at  their  pleasure, 
and  distribute  the  public  money  as  to  them  should  seem  most  useful. 

An  act  in  relation  to  common  schools  in  the  city  of  Utica.  Passed  April  7, 1842.  Sess. 
Lawt",  p.  1(53. 

An  act  to  amend  an  act  entitled  "  An  act  in  relation  to  common  schools  in  the  city  of 
ITlica,  passed  April  7,  1812."    Passed  April  8,  1844.    Sess.  Laws,  p.  120. 

An  n."t  in  relation  to  common  schools  in  the  city  of  Utica.  Passed  February  2,  1846. 
Sess.  Laws,  p.  S. 

An  act  in  relation  to  common  schools  in  the  city  of  Utica.  Passed  March  16, 1850.  Sess. 
Laws.  p.  74. 

An  actio  amend  an  act  entitled  "An  act  in  relation  to  common  schools  in  the  city  of 
TJtica,"  paesed  March  IC,  1850.    Passed  April  13,  1852.    Sess.  Laws,  p.  395. 


488  A  List  of  Acts 

An  net  to  amena  several  acts  in  relation  lo  the  common  Bcbools  in  the  city  of  Ftica. 
Passed  April  17,  lti54.    Sess.  Laws,  p.  "i-^S. 

An  act  to  amend  certain  acts  in  relation  to  common  schools  in  the  city  of  Utica.  Passed 
April  15,  1S57.    Sess.  Laws,  vol.  2,  p.  2-21. 

An  act  respecting  the  school  district  librarj'  m  the  city  of  LTtica.  Passed  AprU  16, 1858. 
Sess.  Laws,  p.  4:>5. 

An  act  in  relation  to  the  common  schools  of  tlie  city  of  I'lica.  Passed  March  23,1867. 
Sess.  Laws,  vol.  1,  p.  185. 

An  act  to  authorize  the  common  council  of  the  city  of  Utica  to  borrow  money  to  erect 
echool-liouses.    Passed  April  10,  18(57.    Sess.  Laws,  vol.  1,  p.  934. 


An  act  confirming  the  proceedings  under  which  a  union  free  school  was  formed  by  the 
consolidation  of  school  districts  No.  8  of  town  of  Vernon,  Oneida  county.  No.  2-2  of  the  "town 
of  Lenox,  Madison  county,  and  joint  district  No.  2')  of  said  towns  of  Vernon  and  Lenox, 
ai.d  authorizing  the  ceding  by  the  State  of  New  York  of  a  portion  of  the  public  square  in 
the  village  of  Oneida  C'astleton,  togetlier  with  the  academy  buildings  thereon,  to  the  board 
of  education  of  said  union  free  school  for  the  sole  use  of  said  board  of  said  school,  and  to 
refund  taxes  collected  in  said  district  No.  22  for  the  erection  of  a  new  school-house.  Passed 
April  11,  18ti5.     Sess.  Laws,  p.  700. 

An  act  to  authorize  the  supervisors  of  the  towns  of  Virgil.  Lapeer  and  Harford,  in  the 
county  of  Cortland,  lo  sell  and  convey  certain  lands,  and  invent  tlie  sums  received  therefor 
for  the  support  of  common  schools.    Passed  AprO  17, 1800.    Bess.  Laws,  p.  994. 

W. 

An  act  in  relation  to  school  district  No.  5,  in  the  town  of  Warsaw,  in  the  county  of 
Genesee.  Passed  jMay  25,  ]83().  Sess.  Laws,  p.  713.  Authorized  to  sell  school  property, and 
divide  the  proceeds  equitably  betweea  the  two  districts  formed  by  a  division  of  No.  5. 

An  act  for  the  relief  of  cimsolidated  school  district  No.  10,  in  the  town  of  Warsaw,  county 
of  Wyoming.     Passed  June  17,  1853. 

An  act  for  the  relief  of  the  commissioners  of  common  schools,  in  the  town  of  Washington, 
in  the  county  of  Dutcliess.  Passed  February  28,  1822.  Corrects  apportionment  of  school 
moneys,  owing  to  a  mistake  in  the  census. 

An  act  to  authorize  the  trustees  of  school  district  No.  7,  in  the  town  of  Washington,  in  the 
county  of  Dutchess,  to  fix  upon  and  procure  suitable  lands  as  a  site  for  a  school-house,  and 
necessary  privileges  for  the  same  iu  said  district.    Passed  April  7,  1856.    Sess.  Laws,  p.  188. 

An  act  in  relation  to  the  board  of  education  of  union  free  school  district  No.  1,  of  Water- 
ford,  in  the  county  of  Saratoga.    Passed  April  10,  1S57.    Sess.  Laws,  vol.  1,  p.  G9S. 

An  act  to  authorize  school  district  No.  1,  in  the  town  of  Waterloo,  to  raise  a  tax.  Passed 
October  2(i,  1847.     Sess.  Laws,  p.  441. 

An  act  to  provide  for  free  schools  in  the  village  of  Waterloo.  Passed  April  11, 1853.  Sess. 
Laws,  p.  27!t 

An  act  iu  relation  to  school  district  No.  1,  in  the  town  of  Waterloo,  in  the  county  of  Seneca- 
Passed  April  IU,  1855.     Sess.  Laws,  p.  367. 

An  act  in  relation  to  Waterloo  union  school,  and  school  districts  Nos.  1  and  15,  in  the  town 
of  Waterloo,  county  of  Seneca.    Passed  February  16,  1859.    Sess.  Laws,  p.  38. 

An  act  to  confirm  certain  proceedings  of  the  trustees  of  school  district  No.  3,  of  the  village 

and  town  of  Watertown.     Passed  April  8,  1842.     Sess.  Laws,  p.  170. 

An  act  to  authorize  the  trustees  of  school  district  No.  3,  of  Watertown,  to  borrow  money 
to  pay  for  a  scliool-ltonse.    Passed  February  7,  1850.    Sess.  Laws,  p.  15. 

An  act  in  relation  lo  the  public  schools  iu  the  village  of  Watertown.  Passed  April  21, 
1865.     Sess.  Laws,  p.  918. 

An  act  to  amend  ■'  An  act  in  relation  to  the  public  schools  in  the  village  of  Watertown," 
passed  April  21,  IWJS.    Passed  March  25,  1807.    Sess.  Laws,  vol.  1,  p.  aw. 

An  act  authorizing  the  assessment  and  collection  rf  a  certain  sum  of  money  in  school  dis- 
trict No.  2,  in  the  town  of  Walervliet,  county  of  Albany.  Passed  March  15,  1832.  Scbs. 
Laws,  p.  71. 

An  act  to  authorize  the  trustees  of  school  district  No.  23,  of  the  town  of  Walervliet,  to 
issue  bonds  to  pay  school  debt.    Passed  April  20. 1866.    Sess.  Laws,  p.  1575. 

An  act  to  erect  a  union  school  district  iu  the  village  of  Watkins,  and  to  create  a  board  of 
education  tliercin,  witli  power  of  taxation  and  other  powers,  for  school  purposes.  Passed 
April  3,  1803.     Sess.  Laws,  p.  03. 

An  act  in  relation  to  the  Weedsport  union  school.  Passed  April  14.  1858.  Sc/sg.  Laws, 
p  3:i4. 

An  act  to  enable  the  board  of  education  of  union  free  school  district  No.  1,  Wellsville,  New 
York,  to  settle  a  dispute  in  regard  to  the  boundary  lines  of  the  school-house  site.  Passed 
April  3,  1800.    Sess.  Laws,  p.  bU7. 


Kelatixg  to  Schools.  489 

An  act  to  anthorize  school  district  No.  2,  of  the  town  of  Westchcptor,  in  the  county  of 
Westchestor,  to  borrow  money,  and  to  issue  bonds  lor  the  same.  Passed  April  IS,  1806. 
Stss.  Laws,  p.  1413. 

An  act  to  incori)orate  school  district  No.  l,of  the  town  of  West  Farms,  Westchester  county. 
Passed  March  31, 1852.    Sess.  Laws.  p.  151. 

An  act  to  e^tnblish  free  schools  iu  district  No.  1,  in  the  town  of  West  Farms,  Westchester 
county.    Passed  June  1",  185:5.    Sess.  Laws,  p.  751. 

An  act  to  amend  an  act  entitled  "An  act  to  establish  free  schools  in  district  No.  1,  of  the 
town  of  West  Farms,  Westchester  county,"  passed  June  17,  1.S53.  Passed  April  14,  ISGO. 
Sess.  Laws,  p.  1262. 

An  act  to  authorize  the  board  of  education  of  the  union  school  district  No.  11,  in  the 
town  of  Whitehall,  to  borrow  money  to  build  a  school-house  in  said  district.  Passed  May 
23,  1807.     Sess.  Laws,  vol.  2,  p.  2.384. 

An  act  in  relation  to  common  schools  in  the  town  of  Williamsburgh.  in  the  county  of 
Kings.    Pa.'sed  April  xS,  1844.    Sess.  Laws.  p.  29!). 

An  act  for  the  relief  of  John  Hutchincrs.  Passed  May  8. 1845.  Sess.  Laws,  p.  152.  Anthor- 
izinjz  the  board  of  supervisors  to  raise  on  district  No.  1,  Williamsburjjh,  §3,000,  to  pay 
said  Ilutchin^^'S  for  building  a  school-house. 

An  act  tor  the  relief  of  James  D.  Sparknian,  William  Leaycraft  and  Samuel  Cox.  Passed 
May  14,  1845.    Authorizes  a  tax  on  district  No.  .3.  Williamsburi^h,  to  pay  certain  expenses. 

An  act  to  authorize  the  trustees  of  school  district  No.  3,  in  the  town  of  Williamsburgh, 
to  borrow  money  for  building  a  school-house.    Passed  November  10, 1847.    Sess.  Laws,  p.  448. 

An  act  to  amend  an  act  entitled  "'An  act  in  relation  to  the  common  schools  of  the  city 
of  Williamsburgh,"  passed  April  14,  1S51.    Passed  April  14,  1852.    Sess.  Laws,  p.  413. 

An  act  in  relation  to  the  common  schools  of  the  city  of  Williamsburgh.  Passed  April  14, 
1851.    Sess.  Laws,  p.  323. 

An  act  to  amend  the  act  entitled  "  An  act  to  consolidate  the  cities  of  Brooklyn  and  Wil- 
liamsburgh and  the  town  of  Bushwick  into  one  municipal  government,  and  to  incorporate 
the  same/'  passed  April  17,  18.">4.  Passed  April  6, 1857.  Sess.  Lav;s,  vol.  1,  p.  509.  Section 
11  grants  power  to  organize  a  normal  school. 

An  act  to  authorize  the  trustess  of  the  school  districts  at  the  village  of  Williamsville,  in 
the  town  of  Amherst  and  county  of  Erie,  to  make  separate  rate  bills  for  the  higher  and  pri- 
marv  departments  of  the  schools  kept  iu  said  districts.  Passed  April  30, 184(5.  Sess.  Laws, 
p.  132. 

An  act  to  enlar<re  and  fix  the  boundaries  of  union  free  school  district  No.  1,  lying  in  the 
towns  of  Wolcott,  Huron  and  Butler,  in  Wayne  county.  Passed  April  16, 1860.  Sess.  Laws, 
p.  1311. 

An  act  to  divide  the  county  of  Wyoming  into  two  school  commissioner  districts,  and  pro- 
vide for  the  appointment  of  a  school  commissioner.  Passed  March  6, 1858.  Sess.  Laws, 
p.  48. 

Y. 

An  act  to  divide  school  district  No.  2,  of  the  town  of  Yonkers,  into  separate  districts,  and 
to  constitute  and  define  the  powers  of  the  board  of  education  in  the  new  district.  Passed 
April  17,  1861.    Sess.  Laws,  p.  054. 

An  act  in  relation  to  school  district  No.  6,  in  the  town  of  Yonkers.  Passed  March  28, 
1802.    Sess.  Laws,  p.  222. 

An  act  to  enable  the  board  of  education  of  school  district  No.  6,  in  the  town  of  Yonkers, 
to  mortgage  the  school  property,  wlien  authorized  so  to  do  by  a  vote  of  the  district. 
Passed  May  1, 1865.    Sess.  Laws,  p.  1309. 

An  act  authorizing  the  trustees  of  school  district  No.  8,  in  the  town  of  York,  to  sell  the 
old  school  lot  belonging  to  the  said  district.  Passed  November  11, 1828.  Sess.  Laws  of 
1S38  and  1829,  p.  11 ;  amended  by  act  of  April  11,  1829,  p.  216. 

An  act  in  relation  to  school  district  No.  8,  in  the  town  of  York.  Passed  January  21, 1836. 
Sess.  Laws,  p.  7.  Authorizes  the  sale  of  certain  village  lots,  and  (he  investment  of  the 
money  received,  or  its  expenditure  in  repairing  and  building  school-houses. 


62 


490  Cornell  University. 


THE  CORNELL  UNIVERSITY. 

Chapter  585,  Laws  of  18G5,  establisliiug  the  Cornell  imiversity,  contains  a 

Bection  which  is  intimately  connected  with  popular  education  and  the  common 

schools.     This  section  is  as  follows  : 

§  9.  The  said  departments  of  study  in  the  said  university  sliall  be  open  to  applicants  for 
admission  thereto  at  the  lowest  rates  of  expense  consistent  with  its  welfare  and  etliciency, 
and  without  distinction  as  to  rank,  class,  previous  occupation  or  locality.  But,  with  a  view 
to  equalize  its  advantages  to  all  parts  of  the  State,  the  institution  shall  annually  receive 
students,  one  from  each  Assembly  district  in  the  State,  to  be  selected  as  hereinafter  provided, 
and  shall  give  them  instruction  in  any  or  in  all  the  prescribed  branches  of  study  in  any 
department  of  said  institution,  free  of  any  tuition  fee,  or  of  any  incidental  charges,  to  be 
paid  to  said  university,  unless  such  incidental  charges  shall  have  been  made  to  compensate 
for  damages  needlessly  or  purposely  done  by  the  students  to  the  property  of  said  university. 
The  said  free  instruction  shall,  moreover,  be  accorded  to  said  students  in  consideration  of 
their  superior  ability,  and  as  a  reward  for  superior  scholarship  in  the  academies  and  public 
schools  of  this  State.  Said  students  shall  be  selected  as  the  Legislature  may.  from  time  to 
time,  direct,  and  until  otherwise  ordered,  as  follows:  The  school  commissioner  or  commis- 
sioners of  each  county,  and  the  board  of  education  of  each  city,  or  those  performing  the 
duties  of  such  a  board,  shall  select  annually  the  best  scholar  from  each  academy  and  each 
public  school  of  their  respective  counties  or  cities  as  candidates  for  the  university  scholar- 
ship. The  candidates  thus  selected  in  each  county  or  city  shall  meet  at  such  time  and  place 
in  the  year  as  the  board  of  supervisors  of  the  county  shall  appoint,  to  be  examined  by  a 
board  consisting  of  the  school  commissioner  or  commissioners  of  the  county,  or  by  the 
said  board  of  education  of  the  cities,  with  such  other  persons  as  the  supervisors  shall  appoint, 
who  shall  examine  said  candidates  and  determine  which  of  them  are  the  best  scholars; 
and  the  board  of  supervisors  shall  then  select  therefrom  to  the  number  of  one  for  each 
assembly  district  in  said  county  or  city,  and  furnish  the  candidates  thus  selected  with  a 
certiftcatc  of  such  selection,  which  certilicate  shall  entitle  said  student  to  admission  to  said 
university,  subject  to  the  examination  and  approval  of  the  faculty  of  said  university.  In 
making  these  selections,  preference  shall  be  given  (where  other  qualilications  are  equal)  to 
the  sons  of  those  who  have  died  in  the  military  or  naval  service  of  the  United  States  ;  con- 
sideration shall  be  had,  also,  of  the  physical  ability  of  the  candidate.  Wheue\^r  any  stu- 
dent, selected  as  above  described,  shall  have  been,  from  any  cause,  removed  from  the 
university  before  the  expiration  of  the  time  for  which  he  was  selected,  then  one  of  the  com- 
petitors to  his  place  in  the  university  from  his  district  may  be  elected  to  succeed  him 
therein,  as  the  school  commissioner  or  commissioners  of  the  county  of  his  residence,  or 
the  board  of  education  of  the  city  of  his  residence,  may  direct. 

In  reference  to  the  duties  of  school  commissioners  and  supervisors,  the 
Superintendent  issued  the  following  circular  : 


•■[ 


State  of  New  York, 

Depaktment  of  Public  Instritction, 

Albany,  Dec.  20,  1S67. 

I  call  the  attention  of  school  commissioners  and  supervisors  to  the  act  relating  to  the 
Cornell  university.  The  plans  proposed  for  its  nianagenient,  while  they  omit  nothing 
which  is  essential  to  a  good  education,  include  all  the  practical  sciences,  some  of  whicli 
liave  had  no  place  as  yet  in  any  considerable  number  of  modern  colleges.  That  of  agricul- 
ture will  be  a  specialty.  Students  will  be  taught  geolosry,  mineralogy  and  chemistry  with 
direct  reference  to  their  connection  with  the  cultivation  of  the  soil.  The  large  farm 
nttached  to  the  university  will  afford  visible  illustration  of  the  manner  of  conducting  opera- 
tions throughout  the  year,  and  from  one  year  to  another. 

The  study  of  mechanics  will  also  be  aided  by  extensive  workshops,  in  which  pupils  may 
become  skilled  in  the  use  of  the  tools  and  implements  employed  in  various  handicrafts.  It 
will  be  one  of  its  chief  aims  to  turn  out  young  men  litted  to"take  charge  of  manufactories, 
machine  shops,  mills,  mines — thus  to  aid  in  developing  the  industrial  resources  of  the 
nation. 

The  great  feature  of  the  university  will  be,  however,  its  optional  course  of  study.  We 
ore  assured  that  it  will  not  he  a  tread-mill  in  which  every  pupil  will  be  required  to  take  the 
Bamc  ste))s.  Young  men  will  be  permitted  to  select  from  the  general  course  such  studies^ 
as  may  suit  their  tastes  and  desires,  or  as  may  be  adapted  to  "lit  them  for  the  pursuits  or 
vocation  which  they  design  to  follow.  They  will  be  advised  and  directed  in  the  choice  of 
studies,  and  not  compelled  to  waste  time  and  labor  upon  those  not  essential  to  the  calling 
of  their  inclination  ;  nor  be  left  to  wander,  unguided,  m  uncongenial  paths.  If  a  desire  for 
military  acquirements  assumes  control  of  the  student's  mind, "by  his  side  will  be  a  master 
of  military  tactics  ;  if  a  knowledge  of  political  i)hilosophy  be  his  ambition,  superior  intelli- 
Rcnce  will  direct  him  in  its  acquisition  ;  if  he  would  be  a  successful  tiller  of  the  soil,  by 
making  "  the  good  seed  yield,  some  iifty  and  some  an  hundred  fold,"  competent  professors 
will  encourage  and  assist  him  in  his  preparation  ;  if  ho  as))ires  to  be  an  accomi)lis]ied  work- 
man in  wood  or  iron,  he  will  be  aided  by  ('xperienced  and  skillful  artisans.  Iroiii  whom  he 
may  learn  how  to  compete  successfully  with  the  mechanical  skill  of  the  world ;  or,  if  he  would 


Cornell  University.  491 

follow  any  of  the  "  learned  profession?."  departments  will  be  provided  in  which  he  may  lay 
broad  anil  deep  those  foundations  of  knowlodj;e  upon  which  m  the  future  he  may  build  a3 
high  as  human  ambition  can  hopefully  ai^pire. 

The  Cornell  university  is  not  founded  mainly,  nor  in  any  sense,  to  give  theolo;;icaI 
instruction.  There  will  "be  no  rule  excluding;  from  its  faculty  and  classes  men  and  pupils 
of  any  creed  or  laith.  It  will  be  the  duty  of  the  faculty  to  instruct  students  in  the  j,'roat  and 
Biraple  principles  of  morality  as  taii;;ht  by  nature  and  revelation,  and  in  the  secular  knowl- 
edge proper  to  each  department,  but  theological  tenets  will  not  be  intruded  upon  their 
minds.  Their  instruction  in  these  matters  will  be  lelt  to  their  parents  and  such  other 
persons  as  may  be  chosen  for  their  spiritual  advisers.  It  must  be  decidedly  understood 
that  the  pupils  at  the  university  will  be  subject  to  the  watchful  care  and  superintendence 
of  the  faculty,  which  will  be  composed  of  men  of  unexceptionable  cl.iiracler :  that  vicious 
and  mischievous  young  men  will  not  be  sufl'ered  to  remain  in  tint  institution,  arid  that,  as  it 
will  not  depend  for  its  existence  upon  tuition  fees,  there  will  be  no  hesitation  in  expelliMg 
unruly  and  immoral  students. 

The  endowment  of  the  university  will  be  ample.  It  will  start  with  an  annual  income 
Bufticient  to  defray  all  ol  its  expenses.  The  unprecelentcd  liberality  of  Jlr.  Cornell  places 
It  on  a  secure  foundation,  and  the  State,  by  bestowinir  upon  it  the  m:ignificent  land  grant 
of  Congress,  has  put  it  beyond  the  danger  of  want  or  failure. 

It  will  be  seen  by  rcfefcnce  to  the  law  that  from  the  number  of  candidates  may  be 
appointed  annually  "in  each  county  as  many  as  there  arc  Assembly  districts  ;  that  those  so 
appointed  will  be  entitled  to  admittance  int'o  the  institution  as  State  pupils,  without  charge 
for  tuition  ;  that  they  may  enjoy  all  its  privileges,  and  if  need  be  share  in  the  di^gree  of  aid 
that  will  be  given  to  those  unable  to  provide'  for  their  necessary  expenses.  Labor  on  the 
farms  or  in  the  workshops  will  yield  a  partial  support,  and  diligence  in  study  and  good  con 
duct  will  secure  substantial  assistance. 

If  any  one  thinks  the  number  to  be  appointed  small,  and  hardly  deserving  the  consideration 
of  the  school  commissioners  and  supervisors,  let  him  remember  that  there  are  lis  Assem- 
bly districts  in  the  State,  and  that  the  number  in  the  university  as  State  pupils,  if  they 
should  only  remain  for  a  three  years'  course,  would  be  384.  It,  however,  some  should 
remain  four  years  and  longer,  in  "order  to  perfect  themselves  in  particular  studies,  it  may 
well  be  presumed  that  the  State  pupils  will  in  time  number  at  least  five  hundred  in  constant 
attendance.  Very  few  colleges  in  this  country  have  live  hundred  students,  A  tuition  fee 
of  fifty  dollars  a  year  fiu-  such  pupils  is  a  moderate  estimate.  The  Cornell  university, 
therefore,  is  required  by  law  to  give  gratuitous  instruction  to  not  less  than  five  hundred 
Btudents,  at  an  animal  expense  of  $2.">,000.  But  it  proposes  to  do  more,  by  way  of  loan,  to 
enable  worthv  and  diliL'cnt  youths  to  pursue  their  studies  without  interruption,  upon  their 
promise  to  pay  after  they  shall  be  established  in  business.  The  endowment  of  the  univer- 
Bitv  will  soon  warrant  "tlie  use  of  a  large  sum  of  money  annually  in  such  loans,  and  the 
belief  is  entertained  that  the  losses  of  nionev  thus  advanced  would  be  comparatively  small, 
for  the  debt  incurred  would  be  regarded  as  a'debt  of  honor,  to  be  paid  out  of  the  lirst  fruits 
of  the  education  so  obtained.  It' may  also  be  mentioned  that,  by  private  donations,  pre- 
miums will  he  oll'ered  to  students  makinsr  the  best  progress  in  various  studies  according  to 
a  plan  detaili.-d  in  the  university  circulal-  of  announcement,  varying  from  ten  to  fifty  dol- 
lars each,  and  amounting  in  all  to  over  seven  hundred  dollars. 

This  university  will  be  liberal  in  its  encouragement  to  students,  and  the  supervisors  and 
commissioners  should  not  stop  with  the  appointment  of  the  quota  of  pupils  to  whict  their 
respective  counties  may  be  entitled.  They  should  use  their  influence  to  induce  other 
meritorious  and  promisi'ng  young  lads  who  may  be  candidates  at  the  examination  to  become 
ptudenis  at  this  or  some  o"ther  university.  An  earnest  and  encouraging  word  or  sugges- 
tion from  them  may  lead  many  of  the  unsuccessful  but  meritorious  applicants  to  share  in  a 
liberal  culture.  The  competition  for  appointment  was  not  devised  merely  nor  chiefly  for 
the  benefit  of  the  appointees,  but  for  the  benefit  of  a  trreat  multitude  of  young  persona 
whose  minds  will  be  inspired  to  nobler  efforts  and  awakened  to  higher  aspirations  by  the 
ineparations  which  will  be  going  on  in  the  schools  for  months  previous  to  each  examina- 
tion, by  the  inquiry  itself,  and  by  the  honors  and  superior  privileges  conferred  upon  those 
who  are  successful" 

The  commissioners  are  advised  to  send  a  circular  to  the  trustees  of  all  the  common 
schools  and  academies  in  their  respective  districts,  notifying  them  of  this  prospective 
examination,  and  urging  them  to  call  the  attention  of  their  teachers  and  schools  to  it. 
They  are  also  directed,  in  their  annual  round  of  visits  to  schools,  to  call  the  attention  of 
local  school  ofticers,  parents,  teachers  and  pupils,  to  the  facilities  which  this  university 
will  on"er  for  the  acquisition  of  a  sound  and  useful  education.  Let  no  school  be  overlooked. 
Each  worthy  young  lad  has  a  right  to  know  that  he  may  compete  for  the  honor  of  repre- 
senting his"As"sembly  district  in  the  Cornell  university. 

It  is  suggested  that  the  steps  of  the  commissioners,  to  give  full  cflect  to  the  law,  be  sub- 
etantiallv  in  the  foUowincr  order: 

1.  To  prepare  and  send  forthwith  to  the  sole  trustees,  and  all  the  boards  of  trustees  of 
common  schools  and  academies,  within  their  respective  commissioner  districts,  a  circular 
letter,  with  the  announcement  of  the  trustees  of  the  university,  informing  them  of  the 
examination  and  its  purposes,  and  soliciting  their  generous  co-operation  in  directing  the 
attention  of  teachers,  pupils  and  parents  to  the  university,  and  to  the  steps  necessary  for 
the  preparation  of  students  for  participation  in  its  superior  privileges. 

2.  In  their  round  of  peisonal  visitation  of  the  schools  to  repeat  viva  voce  to  the  trustees 
the  purpose  of  the  circular,  to  urge  upon  parents,  teachers  and  schools  the  importance  of 
early  and  continued  preparation,  not  for  the  sake  merely  of  a  hoped  for  success,  but  for  the 
sake  of  the  healthful  iulluencc  of  the  eflort  upon  bolli  people  and  schools.    At  the  samj 


492  Town  Taxation. 

time,  the  commissioners  may  deem  it  best  to  notify  the  schools  that  they  will,  on  some 
future  day,  select  candidates  for  the  examination,  upon  evidence  of  their  qualifications 
shown  by  a  personal  inquiry;  or,  if  this  be  impracticable,  upon  the  recommendation  of  the 
teachers  and  trustees.  The  choice  of  candidates  may  be  deferred  till  after  the  appointment 
of  examiners  by  the  board  of  supervisors;  but  when  made  the  commissioners  should 
notify  each  candidate  thereof  in  writing,  and  also  of  the  time  and  place  chosen  for  the  exam- 
ination. 

3.  To  see  to  it  that  the  supervisors,  at  their  next  meeting,  do  appoint  proper  persons  to 
assi^^t  in  the  examination,  and  that  at  the  earliest  day  practicable  in  the  ensuing  fall  they 
name  the  time  and  place  for  it  to  be  held. 

4.  To  invite  the  persons  appointed  by  the  board  of  supervisors  to  meet  for  the  purpose 
of  organization,  consultation  and  agreement  upon  the  character  and  manner  of  the  examina- 
tion, keeping  in  view  the  requirements  for  admission  into  the  university  as  set  forth  in  the 
announcement  of  its  trustees. 

The  number  to  be  selected  by  the  commissioners  for  the  competition  is  not  limited,  but 
it  is  believed  that  the  board  of  examiners  should  recommend  to  the  board  of  supervisors 
for  appointment  those  only  who  shall  have  passed  a  thorough  examination  and  shall  possess 
not  merely  the  qualifications  of  good  scholarship  and  good  morals,  but  also  the  physical 
health  and  robustness  of  constitution  which  will  enable'them  to  pursue,  steadily  and  to  the 
end,  the  course  of  study  prescribed  or  selected. 

V.  M.  RICE, 

Supenntendent  of  PuUic  Instruction. 


TOWN  TAXATION". 

TOWNS  MAT  BAISE  MONET  FOR  THE  SUPPOBT  OF  SCHOOL  BT  VOTE  IN  TOWN  MEETING. 

1.  By  sections  Ifi,  17  and  18,  Rev.  Stat.,  chap.  15,  art.  2,  title  3,  part  1  (see  3d  ed.,  pp.  529, 
530),  the  boards  of  supervisors  were  required  to  raise  annually,  by  tax  upon  each  town,  a 
Bum  of  money  equal  to  the  school  moneys  apportioned  to  such  town.  The  school  moneys 
apportioned  prior  to  18.51  were  the  revenues  of  the  common  school  fund  and  United  States 
deposit  fund,  appropriated  annually  for  the  support  of  common  schools. 

2.  By  subd.  3,  §  9.  of  chap.  9,  title  2,  part  1,  Rev.  Stat,  (see  p.  .388.  .3d  ed.  Rev.  Stat.),  the 
electors  of  every  town  in  town  meeting  had  power  "to  direct  such  sum  to  be  raised  in  such 
town,  for  the  support  of  common  schools  for  the  then  ensuing  year,  as  they  may  deem 
necessary,  but  not  exceeding  a  sum  equal  to  the  amount  required  by  law  to  be  raised 
therein  for  that  purpose." 

3.  By  section  9,  chap.  151,  Laws  of  1851,  p.  293,  Sess.  Laws,  sections  16,  17  and  18,  Rev. 
Stat,  (above  mentioned),  were  repealed. 

Did  this  repeal  take  from  the  towns  the  power  to  raise  money  for  schools  ?  Was  not  the 
rule  governing  the  amount  to  be  raised  changed  and  the  power  lo  raise  the  money  left  intact 
to  be  governed  by  a  new  rule?  Chap.  151,  Laws  of  1853,  required  a  State  tax  to  be  levied 
of  $800,000.  A  subsequent  act,  chap.  180,  Sess.  Laws  of  1850,  p.  290,  made  the  tax  three- 
quarters  of  a  mill  on  every  dollar  of  valuation.  Chap.  406,  Laws  of  180",  §  3,  makes  this  tax 
one  and  a  quarter  mills  u])on  the  dollar. 

Have  not  the  towns  severally  power  to  raise,  for  the  support  of  schools,  an  amount  equal 
to  the  State  school  tax  levied  upon  them  ? 

Banks'  ed.  of  the  Revised  Statutes,  vol.  1,  p.  817,  omits  subd.  3  above  mentioned,  giving 
towns  the  power  of  taxation,  and  a  note  appended  states  that  it  was  repealed  by  chap.  151, 
Laws  of  1851,  above  mentioned.  The  omission  was  an  error.  The  law  authorizing  towns 
to  raise  money  for  the  support  of  schools  by  a  vote  in  town  meeting  is  not  rejiealeddirectly, 
nor  by  implication.  "  The  amount  required  by  law  to  be  raised  therein  for  that  purpose" 
is  one  and  oue-fonrth  mills  on  each  dollar  of  valuation,  aud  they  may  now  raise  any  sum 
not  exceeding  that  amount.  A  vote  of  the  people  in  town  meeting  would  authorize  and 
require  the  board  of  supervisors  to  levy  on  the  properly  of  the  town,  as  assessed,  the  sum 
voted,  not  exceeding  the  amount  of  the  State  tax  for  schools  as  apportioned  by  the  Comp- 
troller. 


INDEX. 


A. 

Academies. 

FAOE. 

Appropriations  to,  for  the  education  of  common  school  teachers, 463,  464 

Actions  against  School  OrFicERS. 
Costp,  when  allowed, 235 

Acts. 
Titles  of  school  acts, 454 

Adjournment. 
Power  of  district  meetin<»s, 107 

Adverse  Possession. 

Sites  maybe  held  by, 110 

What  constitutes, 110 

Albany. 

Normal  school  act, 206 

Supervision  of  normal  school 4 

Allodial. 

Wliat  arc  allodial  lands 2.53 

The  term  defined 253 

Annulment  op  Teacher's  Ceutipicate. 

By  State  Superintendent, 10 

By  school  commissioners, 23 

Appeals  to  State  Superintendent. 

\VTien  and  how  to  be  brousrht. 220 

Testimony  taken  by  school  commissioners, 38 

Digest  of  decisions, 293 

Appeals. 
[The  f(iUo7ving  references  are  to  the  BigeM.'] 

Jurisdiction  of  Superintendent, 44fi.  452 

It  is  a  rule  of  tliis  dcp.irtnuMit  that  all  acts  of  school  district  ofBcers  will  be  regarded 

as  reLTiihir  unless  duly  appealed  from 293 

It  is  tlie  policv  of  the  department  to  discourage  the  bringing  of  appeals  for  light  and 

trilling  eaiises, ' 203 

The  Saperintendent  of  Public  Instruction  will  not  entertain  appeals  in  relation  to  fines 

and  i)cn:ilties.     The  imposition  of  fines  and  penalties  belongs  to  the  courts  of  law,  293 
Appeals  from  tax  lists  must  be  brought  bj'  the  paity  ooiisiderinff  himself  aggrieved, 

immediately  upon  becominjr  apj)rised  of  the  existenro  of  such  tax  list.    A  delay 

until  collection  is  enforced  by  levy  and  sale  will  be  fatal, 294 

Appeal  disretrarded  for  vagueness  of  statement 294 

Appeals  to  tliis  department  will  not  be  considered  unless  they  are  legible  and  intel- 

li^'ible  in  statement 294 

The  deiiartment  will  not  entertain  questions  of  controversy  that  are  at  issue  before  the 

civil  courts, 294 


494  Index. 

PAQE. 

Equitable  relief  cannot  be  afforded  where  the  same  is  contrary  to  law, 295 

If  commissionort"  withhold  assent  to  raise  a  tax  for  building  a  school-house  larger  than 

$400  ($1000),  their  refusal  is  subject  to  review  upon  appeal, '. 295 

What  questions  are  to  be  decided  by  the  department  in  reviewing  the  action  of  local 

boards  altering  the  boundaries  of  districts, 29T 

An  appeal  from  corrections  in  a  tax  list  made  at  the  suggestion  and  desire  of  the  appel- 
lant will  not  be  sustained.    Tax  lists  must  he  made  out  from  the  last  assessment 

roll,  otherwise  they  are  not  valid, 297 

Appeals  should  oe  brought  promptly,  or  it  may  be  too  late  to  apply  a  remedy, 298 

Appeal  dismissed  on  account  of  defective  affidavit 293 

Appeal  dismissed  on  ground  of  vagueness  of  statement, 293 

An  appeal  from  a  tax  list,  on  whatever  grounds,  must  be  brought  before  a  levy  and  pale 

is  made,  to  jusrify  interference  of  this  department, 293 

Real  parties  in  interest  will  be  heard  upon  appeal, 299 

Appellants  must  Btate  their  case  clearly  and  prove  it  conclusively  in  order  to  justify 

interference, 299 

An  appeal  will  be  dismissed  for  obscurity  of  statement, 299 

Power  of  the  department  to  grant  rehearings  in  matters  of  appeal  considered, 290 

Apportionment  op  School  Moneys. 

By  State  Superintendent, 43,  46 

Supplemental 47 

Deficiencies  in,  how  made  up, 54 

By  school  commissioners, 54 

Certificates  of, 55 

Erroneous,  how  rectified, 46 

Forms  and  instructions  for 56-61 

Errors,  how  corrected 62 

Assessment. 

Of  property  for  district  taxes, 171 

Of  railroads, 178 

Of  real  estate, ; 178 

Of  personal  property 179 

Claim  for  reduction  on  tax  list, 182 

Assessors. 
Valuation  of  railroads  to  be  apportioned  among  districts, 178 

B. 

Banking  Corporations. 

Taxable,  how  and  when 169 

Law  for  the  taxation  of, 258 

Barr,  S.  D. 
Deputy  Superintendent  of  Public  Instruction, 3 

Blind,  Institution  for  the 

Incorporation  of, 11 

Under  visitation  of  Superintendent  of  Public  Instruction 4 

Pupils,  how  admitted 5 

Regulations  for  admission, 6 

Pupils,  how  supported 5 

Benton,  N.  S. 
Secretary  of  State  and  Superintendent  of  Common  Schools, 3 

Bonds. 

By  supervisors, 262 

By  collector 127.  193 

Boundaries  or  School  Districts. 

Commissioner  to  define, 29,    75 

Forms  and  instructions, 75-84 

Brockport. 
Normal  school  act, 282 

Brooklyn. 
Excise  moneys  for  sale  of  liquors,  hovr  expended, 261 


Index.  495 

Buffalo. 

PAOB. 

Normal  school  act, 291 

BniLDINa  COXXITTEE. 

No  power  can  be  legally  vested  in  (digest) 441 

Not  authorized  by  law, 139 

c. 

Cambria,  Towk  of 
Annexed  to  first  school  commissioner's  district,  Niagara  county, 268 


Certificates. 

Forms  of, 84 

Granted  by  school  commissioners, 23 

Granted  by  Superintendent  of  Public  Instruction, 15 

Of  qualified  teachers, 132 

Annulment  of, Ifi,    23 

Chairman. 
Of  meeting,  how  appointed 107 

CHAI.LEXGK. 

Of  unqualified  persons, 103 

Chambers,  Jos.  J. 
Deputy  Superintendent  of  Public  Instruction, 3 

Chester,  Town  of. 
Annexed  to  second  school  commissioner's  district,  Orange  county, 263 

Cities. 

Apportionment  to.  from  United  States  deposit  fund, 43 

Taxes  in,  for  support  of  schools, 342 

Clerk  of  Board  op  Supervisors. 

Required  to  raise  school  tax 41 

Clerks  in  superintendent's  office 3 

Clerk  op  School  District. 

Must  notify  persons  elected  to  district  offices 126 

General  duties  of,    ' 129 

Must  be  pies^cnt  at  all  meetings, 107 

Vacancy  in  office,  how  filled, .' 127 

Cftnnot  be  trustee 125 

Clerk  of  District. 

[T he  follotoing  references  are  to  the  Digest. 1 

Only  two  cases  in  which  a  district  clerk  can  lawfully  call  a  special  meeting  except  on 
order  of  trustees  :  First,  where  time  for  annual  meeting  has  passed  without  any 
such  meeting  being  held;  and,  second,  where  all  the  trustees  have  vacated  their 
office 304 

The  clerk  should  keep  a  record  of  every  thing  that  is  done  by  a  meeting,  and  his 
minutes  should  show  what  resolutions  were  rejected,  as  well  as  those  that  were 
carried 304 

Duty  of  clerk  to  notify  every  person  of  his  election,  even  though  he  were  present. 
"Collector  must  give  a  bond,  however  responsible  he  may  he.  He  cannot  enforce 
collection  without  a  bond, 304 

Collector 

Cannot  be  trustee 125 

District  meeting  may  fix  bail  of, 104,  109 

Vacates  office  by  not  giving  bonds, 127 

To  return  uncollectednon-resident  tax 187 

To  execute  bond 103 

May  receive  voluntary  payments  for  two  weeks 194 

Fees  of, 194 

To  have  custody  of  certain  district  moneys, 19T 


496  Index. 


PAGE. 

Shall  report  at  annual  meeting, 197 

Shall  make  up  for  district  money  lost  through  his  neglect, 193,  198 

Form  of  collector's  bond, 193 

How  and  when  to  collect  taxes, 191 

Not  bound  to  give  notice  that  tax  list  is  in  his  hands, 193 

Amount  of  his  bail 193 

Where  he  may  execute  his  warrant, 195 

Renewal  of  his  warrant,  195 

Power  to  coUect  expires  with  return  day  of  warrant 193 

Collector. 
[These  references  are  to  the  Digest.] 

Fees,  how  collected, 443 

Juri  sdiction  and  liabilities  under  warrant, 444,  450 

Liability  on  warrant, 444,  450 

Distraining 444 

Clerk  may  be  collector,  445 

Collector's  bond,  by  whom  sued, 449 

Must  hold  warrant  two  weeks, 450 

IIow  far  warrant  is  i)rotection, 451 

The  law  has  not  specified  anytime  within  which  a  warrant  for  the  collection  of  a  tax 

shall  be  delivered  to  the  collector, 301 

A  school  district  collector's  bond  requires  an  internal  revenue  stamp  of  one  dollar. 
The  collector  must  file  this  bond  and  pay  the  necessary  expenses  of  procuring  the 

bond  and  stamp, 301 

Jurisdiction  of  collector, 301 

Collector  must  execute  to  trustees  a  bond  before  he  can  legally  enforce  the  collection  of 
any  tax  list  placed  in  his  hands.    He  need  not  give  notice  to  the  inhabitants  that  he 

has  received  the  warrant  from  the  trustees, 301 

If  a  person  who  is  ineligible  to  the  office  has  been  apjjointed  collector,  and  the  tax 
payers  refuse  to  pay  him,  he  cannot,  without  rendering  himself  a  trespasser,  pro- 
ceed to  collect  of  such  tax  payers  by  levy  and  sale.    A  district  collector  cannot 

perform  his  ofHcial  duties  by  deputy, 303 

The  collector  by  law  has  no  right  to  pay  over  moneys  except  upon  the  order  of  trustees. 

He  is,  in  fact,  the  treasurer  of  the  district 302 

Collector  vacates  his  office  whenever,  by  leaving  the  district,  he  cannot  perform  col- 
lector's duties, 302 

The  collector  is  not  required  by  law  to  give  any  notice  whatever  that  he  has  a  tax  list ; 
hence,  he  is  entitled  to  five  per  cent  after  he  has  had  the  warrant  two  weeks,  though 

no  notice  has  been  given, 302 

The  statute  prescribes  no  limit  within  which  the  second  renewal  must  be  made. 
Hence,  though  three  months  have  elapsed  since  the  first  renewal,  the  warrant  is 

still  renewable  with  the  cousent  of  the  supervisor, 302 

Collector  resjjonsible  for  losses  through  neglect, 302 

Trustees  not  bound  to  indemnify  collector, 302 

The  refusal  of  a  district  collector  to  serve  vacates  his  office, 302 

Where  a  collector  cannot  perform  his  duties  from  sickness  or  otherwise,  trustees  must 

appoint 302 

Under  no  circumstances  is  a  collector  authorized  to  sell  real  estate.  If  he  cannot  levy 
on  enough  personal  property  at  one  time  to  satisfy  the  warrant  wliich  he  holds,  he 

can  keep  on  levying  till  he  dbtf:  obtain  property  enough  to  i)ay  the  tax, ...  303 

Collectors  the  proper  custodians  of  district  moneys,  and  they  need  not  pay  them  over 
to  trustees.  They  should  pay  only  on  the  written  order  of  one  trustee,  or  a 
majority  of  the  trustees,  which  order  should  state  the  purpose  for  which  the  money 

is  to  be  paid, 303 

Trustees  must  require  a  bond  of  collector  for  the  fiiithfnl  discharge  of  his  duties,  etc., 
before  collector  receives  first  warrant  for  collection  of  district  tax.  If  they  neglect 
euch  requirement,  said  trustees  are  liable  to  district  for  any  loss  or  damage  result- 
ing from  their  neglect, 303 

Colored  Schools. 
How  established  and  maintained 224 

Colored  Children. 
[TTiese  references  are  to  the  Digest.] 

Colored  children  are  entitled  to  attend  the  common  school.s  in  this  State,  in  all  dis- 
tricts, except  those  in  which,  by  law,  provision  is  made  for  their  education  in  sepa- 
rate schools 304 

Colori'd  children  cannot  be  excluded  from  the  common  schools  unless  a  separate  school 
for  their  I'ducat ion  has  been  organized  by  the  district, 305 

Negro  children  slumld  be  ndniitted  to  district  schools,  where  no  separate  school  for  them 
has  been  est'iblisli^d  by  district ...800 

Trustees  have  no  riglit  nor  authority  by  law  to  exclude  colored  children  from  district 
school,  except  they  maiutaiu  a  "  school  for  colored  children," 800 


Index.  497 

COUFTBOLLEB. 

PAOE. 

Warrant  for  salaries  of  school  commissioners, 20 

Warrant  for  moneys  raised  by  tax ■ •.  ■  ■    41 

May  withhold  income  of  school  fund  and  U.  S.  deposit  fund  from  counties  failing  to  raise 

and  pay  over  school  tax ^ 

EzpeuseB  of  teachers'  institutes, S*! 

Commissioners. 

[See  School  Commissioners.] 

Common  School  Fund. 

How  apportioned 43 

First  act  to  create, .  462 

Common  Schools. 

See  Schools. 

How  supported, !W1 

Contingent  Fund. 
Apportionment  of, 43 

Cornell  Universitt. 

State  Superintendent,  trustee  of, 4 

Law  requiring  the  admission  of  State  pupils,  490 

CouNTT  Clerks. 
To  certify  election  of  school  commissioners, 19 

County  Judge. 

May  fill  vacancy  in  office  of  school  commissioners, 20 

May  appoint  some  pereon  to  disburse  school  moneys, 64 

Costs  and  expenses  of  trustees, 237 

D. 

Deap  and  Dumb,  Institution  tor  the 

Fnder  visitation  of  Superintendent  of  Public  Instruction 4 

Pupils,  how  admitted, 5 

Pupils,  regulations  for  admission, 6 

Pupils,  how  supported 5,  292 

Pupils  under  twelve  and  over  six  years  old, T,  292 

When  incorporated, 6 

Decisions. 

Digest  of  Superintendent  of  Public  Instruction, 293 

Digest  of  New  York  State  courts,  440 

Dedication. 
Of  sites  for  school-houses, 112 

DELETt,  Town  of 
Annexed  to  second  school  commissioner's  district,  Delaware  county, 264 

Deputt  State  Superintendent. 

Appointment  of,  2 

Salaryof,  3 

Digest. 

Decisions  of  State  Superintendent, 293 

Decisions  of  New  York  State  courts, 440 

Diplomas. 

Of  normal  schools, 132 

How  annulled, 16,    23 

Districts. 

What  are  entitled  to  public  moneys, 44 

Joint,  must  bear  same  number  in  each  commissioner  district, 75 

63 


498  Index. 

PAGB. 

Formation,  alteration  and  dissolution  of, 22,75-92 

Special  meofin2;s  in, 23 

Annual  nieetinijs  in, 97 

Officers  of.  qualifications  and  terms  of  ofiace, 104,  108 

Officers  of,  may  resign, 128 

May  unite  libraries 203 

Powers  of  inhabitants  at  district  meetings.  (See  Meetings.) 

Apportionment  to 44,  56,  61 

Equitable  allowance  to 46 

Moneys,  how  forfeited  by 62 

Joint  districts,  how  formed 88 

Consolidated  districts,  property  of, 89 

Annulled  districts,  property  of, 89,    91 

Dissolved  districts,  exist  for  certain  purposes, 93 

Dissolved  districts,  records,  etc.,  how  disposed  of, 92 

School  commissioner  districts,  list  of, 490 

Districts,  School  Commissioner 

Altered  only  by  Lesjislatnre,  18 

Chester,  part  of  second  district.  Orange  county, 263 

Cambria,  part  of  tirst  district,  Niagara  county 263 

Delhi,  part  of  second  district,  Delaware  county, 264 

List  of  districts  in  the  State, 490 

Dix,  John  A. 
Secretary  of  State  and  Superintendent  of  Common  Schools, 2 

Domicile. 
Defined,  99 


E. 

Election  op  Ofpicees. 

Of  district  officers 108 

Notices  of,  to  persons  elected, 126 

District  officers,  when  elected, 125 

Of  State  Superintendent, 1 

Of  school  commissioners, 18 

Of  boards  of  education, 203 

Election  op  Officers. 

[These  references  are  to  the  Digest.'] 

An  adjourned  meeting  cannot  rescind  an  election  of  district  officers, 306 

Nor  can  an  officer,  once  elected,  be  displaced  by  vote  of  district, 806 

Any  district  n\ay  elect  an  officer  to  fill  an  existing  vacancy,  although  thirty  days  may 

have  elapsed  .since  its  occurrence,.  306 

The  inhabitants,  when  lawfully  assembled  at  any  district  meeting,  may  choose  district 

officers  to  fill  vacancies, : 306 

School  district  officers  cannot  be  elected  by  a^ij/rrt/i/?/ vote.    The  statute  requires  a 

Wrt/on/jy  to  elect, 306 

Evidence  of  a  mere  po-isibiliti/  of  an  election  having  been  carried  by  illegal  votes  will 

not  vitiate  the  election 307 

Legality  of  proceedings  in  certain  elections  for  trustees  considered  and  decided 307 

Conditions  and  tenure  of  office  of  trustees  elected  at  meetings  not  called  or  held  accord- 
ing to  law,  commented  upon, 308 

Eminent  Domain. 

8itP9  acquired  by  right  of, 243 

Defined 249 

Under  what  limitations  exercised, 254 

Equalization. 
Of  taxes  in  districts  composed  of  parts  of  two  or  more  towns, 183 

Eslebck,  Welcome. 
Appointed  Superintendent  of  Common  Schools, 1 


Index.  499 

PAOS. 

Ofteachers, 29,    34 

Exemption. 

Property  exempt  from  execution, 101 

Property  exempt  from  tax  list,   102,  191 

Property  exempt  from  taxation, 171,  ISO,  191 

Of  minister  for  $1500 172,  177 

Of  certain  military  persons 174 

From  tax  to  buildschool-houso, 188 


F. 

FEtTDAii  System. 
The  tenure  of  land  under  the, 349 

Fines  and  Penalties. 

Enumerated, 50 

How  paid  and  apportioned 50 

Where  supervisor  refuses  to  give  bonds, 67 

Where  embezzles  school  moneys, 67 

Where  ncijlccts  to  make  certain  returns, 68 

Duty  of  siipervisor  to  sue  for, 69 

For  refusal  to  irive  notice  of  district  meeting, 95 

For  ille^'al  voting, 103 

For  refusal  tn  serve  in  district  office, 128 

Where  trustee  employs  unqualified  teacher, 133 

Whore  fails  to  render  annual  account  of  moneys, 150 

For  makin;;  false  report 152 

For  neglect  of  library  by  trustees, 203 

For  loss  of  school  moneys,  through  neglect, 234 

For  neglect  to  prosecute  as  required  by  law, 234 

For  disturbing  school  meeting, 234 

'School  commissioner,  for  acting  as  book  agent, 21 

Suits  for,  in  what  time  to  be  brought, 52 

District  attorneys  to  report, 53 

To  whom  to  be  paid, 53 

For  whose  benefit, 53 

Officers  ncL'lecting  to  pay  over  moneys  collected, 53 

For  unlawful  voting 103 

For  refusing  to  accept  office 1"-J3 

When  teachers  fail  to  keep  lists,  etc., 133 

When  trustee  fails  to  pay  over  halance  in  his  bands, ....'. 150 

Moneys  uncollected  by  collector, 198 

Under  library  regulations 207 

Suits  for,  by  whom  to  be  prosecuted, 50,  234 

Flagg,  a.  C. 
Secretary  of  State  and  Superintendent  Common  Schools, 3 

Formation  and  Alteration  op  School  Districts. 

School  commissioners,  full  power  as  to, ....  22,  75 

Supervisor,  when  to  act  in, 69 

Town  clerk,  when  to  act  in, 78 

Forms  and  instructions 75-84 

Order,  when  trustees  dissent 84-86 

Formation  and  Alteration  of  Districts. 
{These  references  are  to  the  'Dxgest.'\ 

A  conditional  consent  to  the  alteration  of  a  district  cannot  be  given.    The  trustees  mnst 

either  give  or  withhold  their  consent.    They  can  annex  no  conditions, 308 

Small  and  weak  districts  ouLjht  not  to  be  formed, 308 

How  long  a  district  established  on  appeal  may  remain  unchanged, 309 

The  dissolution  or  annulling  of  a  district  is  not  an  alteration 300 

A  supervisor  and  town  clerk  cannot  act  in  the  formation  or  alteration  of  a  school  district 
without  the  presence  of  the  town  superintendent  (school  commissioner), 309 


500  Index. 

rAGK. 

A  school  district  cannot  be  formed  out  of  the  central  portion  of  another  district,  leaving 
the  territory  of  the  latter  disconnected 309 

It  is  the  settU^d  policy  of  the  Department  of  Public  Instruction  to  favor  the  consolida- 
tion of  weak  and  inefficient  districts, 310 

Where  innabitants  have  been  properly  set  off  from  one  district  to  another,  and  the  town 
clerli  has  omitted  to  record  the  order,  they  will  be  regarded  as  inhabitants  of  the 
district  to  which  they  have  been  annexed  after  it  has  been  acquiesced  in  for  five 
years, 310 

An  order,  issued  by  a  commissioner,  altering  a  district,  which  does  not  recite  the  con- 
sent or  rcfnsal  of  the  trustees  of  the  atl'ected  district,  is  absolutely  void,  ab  i/n/io, .. .  310 

Town  superintendents  Cscho3l  commissioners)  should  always  give  notice  to  the  tms- 
tees  of  their  intention  to  consider  any  proposed  alteration  of  their  district,  so  that 
thev  may  have  an  opportunity  of  associating  with  them  the  supervisor  and  town 
cl.eflf 310 

The  statute  authorizes  the  association  of  the  town  clerk  and  supervisor  with  the  town 
superintendent  (school  commissioner),  upon  the  application  of  the  trustees  of  any 
district  to  be  affected  by  their  action 311 

If  only  one  trustee  make  such  application,  such  board  does  not  obtain  jurisdiction 
of  the  subject-matter ;  the  application  of  a  majority  of  all  of  such  trustees  is 
necessary, 311 

Town  superintendents  (school  commissioners)  have  no  authority  to  alter  the  boundaries 
of  a  school  district,  if  the  same  have  been  established  by  this  department  upon 
appeal,  until  after  the  lapse  of  three  years  from  the  time  they  were  so  established, 
without  express  permission  of  the  State  Superintendent,  312 

The  Superintendent  of  Public  Instruction  will  reverse  an  order  of  a  town  superintend- 
ent (school  commissioner)  annexing  one  district  to  another,  where  the  inhabitants 
of  either  are  opposed  to  the  union,  and  have  sufficient  means  for  the  support  of  a 
school,  it  being  an  abuse  of  his  discretion 312 

Trustees  cannot  give  notice  for  themselves,  and  receive  It  f  )r  the  district  as  trustees,  of 
an  application  to  be  set  off  to  another  district,  and  assent  to  being  set  off  in  their 
official  capacity.    They  cannot  act  in  a  two-fold  capacity 313 

The  town  clerk  and  supervisor  have  no  power  to  review  an  order  to  alter  a  school 
district 313 

A  commissioner  having  made  an  order  altering  a  district,  and  the  trustees  dissenting, 
and  asking  the  town  clerk  and  supervisor  to  be  associated  with  the  commissioner, 
in  a  review  of  the  case  two  adjournments  were  had,  and  the  commissioner  made  an 
order  confirming  his  first  order,  without  waiting  for  the  second  meeting  :  held,  that 
his  order  was  void 314 

A  commissioner  having  fixed  the  date  when  an  order  for  the  alteration  of  a  district 
shall  take  effect,  cannot,  by  a  subsequent  order,  extend  the  time, 315 

A  commissioner  cannot  appoint  a  day  for  hearing  objections  to  an  order  for  the  alter- 
ation of  a  district  subsequent  to  the  date  fixed  for  it  to  take  effect.  A  confirmatory 
order  made  on  such  subsequent  day  is  void,    316 

A  school  commissioner  has  no  power  to  declare  illegal  a  meeting  held  to  decide  upon 
the  formation  of  a  union  free  school  district,  and  to  authorize  another  meeting, 317 

A  district  is  not  annulled  unless  all  its  parts  are  annexed  to  adjoining  districts,  so  that 
nothing  of  the  original  district  remains, 318 

Unless  the  commissioner's  order  for  the  alteration  of  a  district  recites  the  refusal  or 
consent  of  the  trustees,  it  is  null  and  void, 318 

It  is  only  after  a  school  commissioner  has  granted  an  order  for  the  alteration  of  a  school 
district,  that  the  supervisor  and  town  clerk  can  be  associated  with  him  to  review 
his  proceedings, 318 

A  school  commissioner  has  no  jurisdiction  to  alter  a  school  district  until  the  trustees 
thereof  have  been  asked  and  have  given  or  refused  to  give  their  consent 319 

The  order  for  the  formation  of  a  district  must  contain  a  recital  of  such  consent  or 
refusal, 319 

A  district  cannot  be  compelled  to  rebuild  where  school-house  has  been  destroyed ;  but, 
where  it  for  a  long  time  refuses  to  do  so,  may  be  annulled  and  attached  to  others 
adjoining, .319 

School  commissioners  not  to  form  new  districts  until  boundaries  are  defined  by  inhabit- 
ants   319 

School  commissioners  may,  at  any  time,  amend  the  records  of  district  boundaries, 319 

Commissioners  only  have  power  to  form  and  alter  school  districts 319 

Boards  of  supervisors  have  no  power  to  alter  school  commissioner  districts, 320 

Apportionment  of  property  of  dissolved  district, 320 

Districts,  how  consolidated  or  annulled, 320 

Annulment  of  a  district  rests  with  school  commissioner, 320 

The  personal  convenience  of  one  or  two  inhabitants  will  not  bo  permitted  to  control  in 
the  alteration  of  districts,  where  such  alteration  would  detach  property  from  a  weak 
district  and  attach  it  to  one  much  stronger 320 

Where  an  order  for  the  alteration  of  a  district  is  alleged  to  have  been  made,  but  no  such 
order  is  found  to  bo  recorded  by  the  town  clerk,  other  evidence  in  proof  of  the  fact 
of  such  order  being  made  will  be  received 320 

A  school  commissioner  lias  no  power  to  adjudicate  upon  the  validity  of  an  order  made 
by  his  predecessor, 320 


Index.  501 


PAGE. 

The  department  will  not  sanction  the  settincr  off  of  a  person  from  a  wealc  district  to  a 
stroiij,'  one,  on  account  of  a  difficulty  which  he  may  have  in  the  district  where  he 
resides 321 

An  alteration  of  a  school  district,  lyin^  partly  in  the  districts  of  two  commissioners, 
cannot  be  eftected  without  the  joint  action  of  the  commissioners.  Consent  of 
trustees  to  an  alteration  of  district  should  recite  the  fact  of  a  meeting  and  consulta- 
tion   321 

Where  a  new  district  has  been  erected  to  settle  a  controversy,  the  inhabitants  of  such 
district  protesting  that  they  were  able  to  maintain  a  school,  it  should  not  subse- 
quently be  enlarged  at  the  e.'cpcnsc  of  surrounding  districts, *. ..  321 

Local  boards  for  the  alteration  of  districts  cannot  act  upon  districts  lying  outside  their 
own  town 321 

A  commissioner  has  no  power  to  divide  a  union  free  school  district, 322 

The  department  will  not  set  aside  a  consolidation  proper  in  itself,  because  of  the  exist- 
,    ence  of  new  elements  of  opposition  that  have  arisen  since  the  consolidation  was 
effected,... 322 

The  supervisor  and  town  clerk  cannot  act  with  the  commissioner  in  altering  the  bound- 
aries of  districts  unless  so  requested, 322 

The  consent  of  trustees  to  an  alteration  of  their  district  requires  a  meeting,  and  the 
fact  of  a  meeting  should  be  set  forth  in  the  written  consent  given, 322 

Order  altering  district  boundaries  will  be  set  aside  when  the  new  boundaries  are  not 
detinod  by  other  lines  than  farms  described  by  the  names  of  the  occupants, 323 

An  order,  delining  the  boundaries  of  a  district,  not  intended  as  an  alteration,  and  made 
under  an  evident  or  probable  misapprehension  of  facts,  will  be  vacated 323 

■Wliere  it  is  proved  that  notice  of  an  alteration  has  not  been  given,  and  the  same  has' 
not  been  recognized  or  acted  upon,  the  order  for  such  alteration  will  be  vacated, 323 

Commissioi:cr  justified  in  offering  the  alternative  to  a  district,  to  build  a  new  school- 
house  or  be  annulled 324 

Absence  of  the  record  of  the  formation  of  a  district  is  not  material  when  such  formation 
is  otherwise  conclusively  established 324 

An  order  consolidating  districts  will  not  be  set  aside  on  the  ground  that  the  inhabitants 
of  one  of  the  districts  are  nearly  unanimously  opposed  to  it,  324 

Where  certain  duties  are  required  of  public  officers,  their  performance  will  be  presumed, 
unless  th'-  contrary  i.s  shown,  325 

Where  the  trustees  have  given  their  consent  to  an  order  annulling  a  district,  there  is 
nothing  in  the  proceedings  which  can  be  stayed  by  an  appeal, 325 

Where  an  order  has  ouce  been  made  by  a  town  superintendent  annulling  a  certain 
school  district,  wh:c!i  said  order  has  never  been  enforced,  though  duly  recorded,  it 
may  be  enforced  upon  the  demand  of  competent  authority, 325 

Where  the  presumiition  is  in  favor  of  the  regularity  of  proceedings  in  the  alteration  of 
district  boundaries,  the  order  making  such  alterations  will  be  sustained, 326 

Where  trustees  were  mlsinfonned  as  to  the  extent  of  the  powers  of  town  officers  in  a 
proceeding  for  the  alteration  of  the  boundaries  of  a  school  district,  and,  consequently, 
neglected  to  exercise  those  powers,  the  order  of  the  commissioner  in  the  proceed- 
ing will  be  set  aside, 326 

Where  a  contract  has  been  made,  under  authority  of  the  district,  to  build  a  school-house, 
and  a  subsequent  meeting  votes  to  changeand  build  on  a  new  site,  directing  the 
trustees  to  pay  any  damages  claimed  by  the  contractor  on  account  of  the  change  in 
location,  such  action  confers  dangerous  powers  on  the  trustees,  and  is,  therefore, 
unlawful, 326 

Begnlarity  of  notice  to  trustees  of  intention  to  define  boundaries  of  district.  Power  of 
arbitrators  over  alterations  of  districts,. 327 

An  order  for  the  alteration  of  a  school  district,  made  by  a  board  of  local  officers  con- 
vened for  that  purpose,  should  be  signed  by  a  majority  of  such  board.  Otherwise  it 
is  irregular  upon  its  face,  not  showing  jurisdiction, 327 

Individual  opposition  to  a  measure  of  public  utility  should  be  duly  considered,  but 
should  be  allowed  to  have  weight  only  as  it  has  a  substantial  foundation  in  reason 
and  justice, 327 

When  order  for  alteration  takes  effect, 440 

Free  School  Fund. 
Defined, 44 

Fredonia. 
Normal  Bchool  at, 288 

FtTEL. 

When  trustees  may  provide, 146 

Geioirai.  School  Laws. 
Titles  of  all  acts, 4C1-4CG 


602  Index. 

G. 

Geneseo. 

PAGE. 

Normal  school  at, 286 

Gospel  and  School  Lots. 

Snpervisors,  tmstees  of, 64 

Report  of  funds,  lots  and  Income, 49 

Income,  how  invested  and  expended, 6.5 

Titles  of  all  acts  concerning, 466-470 

H. 

Ha-vvlet,  Gideon 
Appointed  Superintendent  of  Common  Schools, 1 

Holidays. 
Included  in  school  year, 44 

Holmes,  Samuel  L. 
Deputy  Superintendent  of  Common  Schools, ; 3 

I. 

Idle  and  Truant  Children. 
Act  to  provide  for  care  of, , .  264 

Indian  Schools. 

EqnitaWe  sum  to  be  set  apart  for, 43 

Appropriation  for 238 

Under  charoe  of  Superintendent  of  Public  Instruction, 4 

Titles  of  school  acts  relating  to, 471 

Insurance. 

Of  district  school-houses, 135 

Of  library 136 

Money  for,  how  raised, 140 

Installments. 
When  tax  maybe  voted  by, 121 

J. 

Johnson,  A.  G. 
Deputy  Superintendent  of  Common  Schools, 8 

Johnson,  H.  "W. 
Deputy  Superintendent  of  Common  Schools, 3 

JorNT  District. 

Must  bear  same  number  in  each  commissioner's  district, 75 

Formation  of, 75,    88 

Dissolution  of, 89 

Definition  of. • 75,    78 

Reports  of  trustees,  how  made, 165 

K. 

Ketes,  E.  W.  ' 
Deputy  Superintendent  of  Public  Instruction, 2,     3 

Kings  County. 
Excise  moneys,  how  expended, 261 


Index.  603 


Lancaster  Schools. 

PAGE. 

Act  to  incorporate, 462 

Land,  Ownership  op 

How  it  affects  population  and  education, 251 

What  is  property  in  land, 254 

Set  apart  for  gospel  and  schools, 467 

LEAVENnvORTU,  E.  W. 

Secretary  of  State  and  Superintendent  of  Common  Schools, 2 

Levy. 

WTiat  property  subject  to, 102,  191 

Bale  under,  notice  of, 195 

Librarian. 

Duties  of, 130 

Re^ilations  for  library, 205 

Cannot  be  trustee, 125 

Libraries. 

Apportionment  of  moneys  for, 43 

Trustee  may  insure,. 136 

When  library  money  amounts  to  less  than  $3  it  may  be  applied  to  payment  of  teachers' 

wa<'cs, 137,  146,  202 

Tax  and  State  moneys  for, 104,  199 

Trustees  to  have  custody  of, 202 

Trustees  liable  for  books  lost  or  injured, 203 

Of  two  districts  may  be  united, 203 

Rules  respecting,     205 

Penalty  for  neglect  of,  by  trustees, 203 

Selection  of  books, 200 

When  library  money  may  be  applied  to  purchase  of  apparatus, 201 

Insurance  money  and  fines,  how  applied, ...   203 

District  libraries  may  be  united,  203 

Library  moneys 45 

Library  moneys,  how  apportioned, 56-Cl 

Applied  to  the  purchase  of  books, 200 

Library. 

[These  references  are  to  the  Digest.'] 

That  part  of  the  district  library  purchased  with  money  raised  by  tax  upon  the  district 

may  be  sold 323 

Trustees  may  exohaii^je  old  library  books  for  new  ones 328 

111  regard  to  cxcliaiigiug  library  books, 32S 

A  part  of  a  district  set  otT  to  another  is  not  entitled  to  a  share  of  the  library, 323 

District  lil)rarian  is,  by  law.  entitled  to  no  compensation  for  his  services 338 

That  part  of  district  "library  which  was  purchased  by  a  tax  on  property  of  district 
belongs  to  district,  and  may  be  disposed  of  by  its  voters,  as  they  shall  direct.  But 
that  part  bought  with  public  money  belongs  to  the  State,  and  the  district  cannot 

sell  it " 32S 

Trustees  have  title  of, 446 

License  to  Teach. 

Examination  for,    "...., 16,    23 

Annulment  of, 10,    23 

List  op  School  Acts. 
Titles  of  all  school  acts 454  to  489 

Literature  Fund. 
Act  to  increase  in  order  to  promote  the  education  of  teachers, 463 

M. 

Meetings,  School  District 

Notice  of,  and  form  of  notice  in  new  district, 99 

When  commissioner  may  call, 95 

Special,  how  called, 96 

Annual,  wlion  to  be  held,  and  manner  of  proceeding  when  not  held, 97 

Duty  "f  inhabitants  to  attend,  98 

Qualiflcaiiou  of  voters  at, 98 


604  Index. 

PAGE. 

Challenge  of  voters  at, 102 

Illegal  voting  at 103 

Powers  of  inhabitants  at, 104 

After  (;chool-house  is  condemned, 23 

General  powers  discussed, 105 

Organization  of  meetings, 107 

Adjournment, 107 

Election  of  district  officers, 108 

Must  tix  amount  of  collector's  bond, 104,  109 

Designate  site  of  school-house, 104,  110 

Disturbance  of  meetings, 234 

Notice,  in  new  district,  how  served, 94 

Penalty  for  refusing  to  serve  notice, 95 

Not  illegal  for  want  of  due  notice, 96 

Power  to  alter  or  repeal  proceeding? 119 

Sale  of  site, 123 

Election  and  eligibility  of  officers, 195 

Having  resolved  to  have  sole  trustee,  cannot  reverse  the  order, 126 

May  accept  resignations  of  district  officers 128 

Collector's  bail  to  be  fixed  at  annual  meeting, 193 

To  organize  union  free  schools, 211 

Meetings. 
[These  references  are  to  the  Digest.] 

Verbal  notice  to  clerk  to  call  a  district  meeting  is  sufficient.  A  trustee  who  attends 
cannot  object  that  he  did  not  authorize  the  call,  328 

Notice  of  meetings  should  specify  the  objects  for  which  they  are  called  ;  but  omission 
is  not  fatal.     An  aggrieved  party  may  appeal 328 

A  notice  given  by  the  district  clerk  for  a  meeting  is  legal,  though  the  directions  of  the 
trustees  to  the  clerk  to  give  such  notice  were  verbal 329 

The  clerk  of  a  district  has  no  power  to  authorize  any  person  to  give  notices  for  a  district, 
or  to  do  any  other  act , 329 

Where  there  is  a  deliberate  omission  to  notify  any  taxable  inhabitant  of  a  special  dis- 
trict meetins:,  at  which  a  tax  is  voted  to  change  site  and  build  a  new  school-house, 
this  department  will  hold  the  tax  list  inoperative  as  to  those  so  omitted  to  be  notified,  329 

When  the  inhabitants  of  a  school  district,  at  their  annual  meeting,  elect  trustees,  their 
proceedings  will  be  held  legal,  although  such  election  is  made  by  a  small  minority 
of  the  inhabitants, 330 

It  is  the  duty  of  the  trustees,  when  requested  by  a  respectable  number  of  the  taxable 
inhabitants  of  their  district,  to  call  a  special  meeting  for  the  transaction  of  any 
legal  and  proper  business  which  such  petitioners  may  desire  to  bring  before  it,. 331 

Where  an  adjournment  of  a  special  district  meeting  is  had  for  a  period  of  more  than 
one  month,  notice  of  the  object  of  such  adjourned  special  meeting  is  necessary,  . . .  331 

Notice  of  the  object  of  an  annual  meeting  is  not  required  by  law.  Every  inhabitant  is 
presumed  to  know  that  any  business  affecting  the  interest  of  the  district  may  be 
transacted  without  special  notice  thereof, 331 

Trustees  have  no  power  to  set  aside  or  invalidate  the  proceedings  of  a  district  meeting 
upon  the  assumption  that  they  were  illegal,. 332 

Though  illecfal  votes  are  cast  at  such  meeting,  the  trustees  cannot  set  aside  the  proceed- 
ings.   The  remedy  is  by  appeal, 332 

The  inhabitants  of  a  district  have  no  power  to  dissolve  or  annul  the  district, 333 

It  is  not  in  the  power  of  a  district  meeting  to  control  the  trustees  in  the  exercise  of  their 
duty  of  prosecu'ing  delinquent  predecessors  for  not  rendering  an  annual  account,  or 
for  not  paying  o^-er  a  balance  of  money  remaining  in  their  hands.  A  resolution 
attempting  to  limit  their  power  in  this  respect  is  void,  333 

An  estimate  of  expenditures  must  be  submitted  to  vote,  item  by  item 333 

An  item  "  for  sexton,  $50  "  held  to  be  illegal,  being  for  an  officer  and  purpose  nnknown 
to  the  law 333 

Proceedings  of  district  meeting  set  aside  on  account  of  fraud 334 

Absence  from  a  school  meeting,  because  it  was  supijoscd  the  business  of  electing  a  trus- 
tee was  of  minor  importance,  will  not  justify  sotting  aside  the  proceedings  of  such 
meeting  in  voting  a  tax 334 

The  department  will  not  interfere  in  a  case  in  which  an  order  of  the  department  could 
have  no  eft'ect  to  change  the  condition  of  things  already  established,  and  will  not, 
therefore,  interfere, 334 

A  custom  of  delaying  the  organization  of  school  meetings  for  one  or  two  hours  after  the 
regular  time  has  no  sanction  in  good  usage 333 

The  department  will  not  require  trustees  to  call  a  special  meeting  to  rescind  proceedings 
of  an  annual  meeting,  on  the  ground  that  the  appellants  were  not  present  at  such 
annual  meeting, ...  335 

The  proceedings  of  an  annual  meeting,  organized  within  half  an  honr  after  the  time  for 
the  m^-eting,  will  not  be  set  aside 336 

Proceedings  of  an  annual  meeting  where  only  two  persons  were  present  set  aside, 336 

The  election  of  a  trustee  will  be  set  aside  when  opportunity  for  a  fair  expression  of  the 
voters  was  not  given,  whereby  the  result  was  uncertain, 330 


Index.  505 


A  meetino;  of  throe  persons,  at  which  it  is  voted  to  build  a  new  school-house  and  levy  a 
tax  therefor,  set  aside, 336 

It  does  not  follow  of  course  that  a  petition  to  the  trustees  for  a  special  meeting,  how- 
ever numerously  signed,  is  to  be  granted 337 

Clerk  cannot  refuse  to  give  notice  of  a  meeting  ordered  by  a  majority  of  trustees,  upon 
the  ground  of  protest  or  refusal  of  third  trustee, 337 

A  special  meeting  will  not  be  ordered  to  act  upon  questions  that  have  been  deliberated 
and  acted  upon  at  successive  meetings, 337 

A  district  meeting  is  not  bound  by  strict  parliamentary  rules ;  it  makes  its  own 338 

An  annual  meeting,  not  adjourned  to  any  particular  time,  called  by  the  clerk  at  six 
o'clock,  and  organizitig  and  transacting  business  before  seven,  is  void, 338 

A  motion  to  adjourn  while  another  questidn  is  pending,  and  a  ballot  being  taken  on  it, 
cannot  be  entertained  ;  and  an  adjournment  thus  cflected  is  void, 338 

Proceedings  set  aside  for  uncertainty,  where,  on  a  vote  by  ballot,  more  ballots  were 
deposited  than  there  were  voters  present 339 

The  proceedings  of  a  district  meeting  will  not  be  set  aside  because  the  said  meeting 
was  organized  soon  after  the  hour  appointed,  when  but  few  of  the  inhabitants  were 
present 339 

A  special  meeting  for  the  purpose  of  directing  the  application  of  the  public  money  will 
not  be  ordered  after  the  trustees  have  made  their  arrangements  for  a  school  upon 
proper  basis  of  division  fixed  by  themselves, 339 

Trustee?  will  not  be  directed  to  call  a  special  meeting  to  take  action  upon  questions 
which  have  passed  bevond  the  jurisdiction  of  the  inhabitants, 340 

An  annual  meeting  held  "on  the  second  Tuesday  of  October,  though  without  notice,  is 
legal,  that  being  the  day  now  prescribed  by  law 340 

The  pVoceediugs  of  a  meeting  will  not  be  set  aside  because  of  neglect  to  administer  the 
prescribed  form  of  declaration  to  persons  challenged,  when  it  is  shown  that  such 
persons  were  in  fact  legal  voters  at  such  meeting 340 

Where  three  trustees  are  chosen  in  a  district,  and  their  terms  of  office  are  designated 
by  lot  instead  of  by  vote,  as  the  law  directs,  the  election  will  be  declared  void  for 
uncertainty, 34Q 

The  department  will  not  set  aside  the  proceedings  of  a  meeting  to  which  a  majority  of 
the  inhabitants  of  the  district  arc  opposed,  because  such  majority,  though  having 
due  notice,  neglected  to  attend  the  meeting, 340 

The  proceedings  of  a  school  meeting,  held  at  the  unusual  hour  of  half  past  seven 
o'clock  in  the  morning,  will  be  set  aside  unless  there  are  peculiar  conditions  in  the 
district  to  justify  the  call  of  a  meeting  at  that  hour, ...  341 

Where  a  meeting  is  "called  by  a  single  trustee,  the  others  having  vacated  their  offices, 
the  call  is  legal,  even  though  it  may  subsequently  appear  that  the  trustee  was  not 
legally  elected,.. 341 

Trustees  do  not  exceed  their  just  discretionary  powers  in  refusing  to  call  a  meeting  to 
reconsider  the  action  of  a  previous  meeting,  when  the  number  of  voters  signing  a 
remonstrance  against  such  meeting  is  greater  than  the  number  of  those  petitioning 
for  it .   341 

Wliere  the  clerk  is  unable  to  serve  the  notices  of  a  special  meeting  on  account  of  illness, 
the  trustees  may  depute  any  inhabitant  of  the  district  to  serve  them 341 

Where  the  clerk  names  a  wrong  hour  in  his  notice  of  an  annual  meeting,  and  part  of  the 
inhaljitants  assemble  at  that  hour  and  transact  business,  and  part  assemble  at  the 
hour  of  adjournment,  and  also  transact  business,  both  meetings  may  be  set  aside, 
and  a  new  one  ordered, 342 

Trustees  will  not  be  ordered  to  call  a  special  meeting  upon  the  application  of  a  respect- 
able number  of  inhabitants,  where  successive  meetings  for  the  same  purpose  have 
been  called  and  held, 342 

Under  certain  circumstances  a  district  meeting  may  rescind  a  vote  of  a  previous  meet- 
ing, levying  a  tax,  though  a  portion  of  that  tax  be  collected  at  the  time  of  such 
rescinding, 343 

The  proeoediiigs  of  a  meeting  locating  a  site,  in  accordance  with  an  award  of  arbitra- 
tors, lo  wliom  contending  parties  in  a  district  had  agreed  to  refer  their  differences, 
will  be  sustained,    ■    343 

The  Superintendent  will  set  aside  the  proceedings  of  a  meeting  voting  an  exorbitant 
sum  to  pav  in  advance  the  rent  of  a  school-house  site  for  a  number  of  years, 343 

A  meeting,  called  by  two  trustees  without  consulting  the  third,  will  not  be  set  aside 
when  the  third  trustee  attended  the  meeting  and  participated  in  the  proceedings,..  344 

Persons  elected  at  a  meeting  out  of  a  district  are  officers  de  facto 440 

Kotice  of  annual  meeting 440 

Kotice  of  special  meeting, 440 

Minister. 
Exemption  of, 1"^.  ITT 

Metropolitan  Excise  District. 
Moneys,  how  expended  in  Kings,  Queens  and  Kichmond  countiefl 251 

Misdemeanor. 
Defined, 52 

64 


606  Index. 

MiTcmLL,  Samuel  L. 

FAOX. 

President  of  deaf  and  dumb  institute,  assents  to  visitation  of  Superintendent  Common 
Scliools 6 

Moneys. 
See  State  school  moneys, 

Morgan,  Christopher 
Secretary  of  State  and  Superintendent  Common  Sctiools, % 

N. 

National  Guard. 
Certain  persons  exempt  from  taxation 174 

Neighborhoods. 

Apportionment  to 46 

Formation  and  dissolution  of, 75 

Annual  meetings  in 97 

Powers  of  meetings  in, 104 

Clerk  of, 129 

To  report  to  commissioners, 104 

Number  of, 46 

New  York  Citt. 
Titles  of  acts  relating  to  schools, 477 

Non-residents. 

Certain  debts  of,  taxable, 170-174 

Lands  of,  how  assessed, 175 

Non-resident  Land. 
How  taxable, 186 

Normal  Schools. 

Where  located, 4,  2G6-201 

Diplomas  to  be  certiflcates  of  teachers 132 

Diplomas  may  be  annulled  by  Superintendent, 16 

Diplomas  may  be  aimulled  by  school  commissioner, 23 

Superintendent  to  keep  lists  of  diplomas, 16 

Albany  normal  school, 266,  2()S 

Oswejjo  normal  school 269-271 

Potsdam  normal  school, 275-283 

Brockport  normal  school, 282-285 

Geneseo  normal  school 286-288 

Fredonia  normal  school, 288 

Cortlaud  normal  school, 289 

Butlalo  normal  school,  291 

General  law  for  estabhshment  of, 273 

Notices. 

How  pcrved  by  district  clerk, 130 

Of  special  mnctin;;s, 137 

Of  completion  of  tax  list 181 

Of  sale  of  property  after  le\'y, 195 


o. 

^  Oath. 

Of  person  challenn-cd 102 

Of  teacher  verifying  list  of  attendance, 148 

OrricE. 
Acceptance  of, 126 


Index.  507 

Officers. 
[These  references  are  to  the  Digest.] 

PAGE. 

Neglect  to  serve, 445 

Neglect  to  account 445 

Cost«i  against 446 

Oflicial  character,  how  established, 447 

How  far  protected  by  their  ministerial  character, 447 

Implied  power  to  sue,.    448 

Implied  liability  to  be  sued, 449 

Officers.  [See  Election  of.] 

Orphan  Asylum  Societies. 
Right  to  share  in  public  moneys, 447 

Orphan  Astlujis. 
Education  of  children  in,  263 

Oswego. 
Normal  school  at, 269 

Overseers  op  Poor. 

Certificates  for  deaf  and  dumb  and  blind, 10,  12 

Moneys  formerly  in  the  hands  of, W* 


P. 

Penalties.  [See  Fines  and  Penalties.] 

Poor,  O^-erseers  op 

Moneys  in  hands  of,  ^^ 

Titles  of  acts  relating  to, 481 

Population. 
Apportionment  according  to, 45 

Potsdam. 
Normal  school  at, 275 

Property. 
[Tliese  references  are  to  the  Digest. 

Where  property  in  the  possession  of  public  officers  has  been  stolen  or  destroyed  by  fire, 
without  negligence  on  their  part,  they  are  not  bound  to  make  good  the  loss, 344 

Supervisor  should  take  charge  of  all  property  bequeathed  to  a  town  for  the  benofit  of 
common  schools,  when  no  other  person  is  specified.  He  should  communicate  the 
fai't  of  his  doing  so  to  Superintendent  of  Public  Instruction, 344 

Statute  provides  for  a  sale  of  property  only  "  when  a  district  is  annulled,  and  portions 
tlierenf  arc  annexed  to  other  districts," 344 

The  [M-operty  of  a  district  is  to  be  sold  "  when  a  district  is  annulled,  and  portions  there- 
of are  annexed  to  other  districts,"  and  there  is  no  provision  for  sale  unless  these 
conditions  are  fulfilled, 315 

Property. 

Of  consolidated  districts, 89 

or  annulled  and  dissolved  districts, 00,    91 

Taxable  property,  how  ascertained, ._ 178 

Personal  property,  how  ascertained, .' 179 

Public  Money. 

[These  references  are  to  the  Digest.] 

Public  money  cannot  be  paid  for  wages  of  a  past  year.  In  other  word?,  public  money 
apportioned  for  any  year  must  be  expended  for  services  performea  within  that 
year, 345 


508  Index. 

FAOX. 

The  county  treasurer  is  bound  to  pay  over  to  each  town  all  the  school  money  appor- 
tioned to  It  and  received  by  him  from  the  State  treasury.  He  cannot  retain  a  per- 
centacfe  for  receiving  and  disbursing:,  out  of  the  money  in  his  hands.  Whatever 
claim  he  has  is  a  charge  against  the  county, 345 

When  the  district  has  given  no  direction,  and  the  tnistees  have  already  appropriated 
the  public  money  to  a  particular  term  of  school,  the  district  has  no  further  control 
over  the  disposition  of  it.  In  the  absence  of  any  specific  directions  by  the  district, 
the  trustees  can  apply  the  money  as  they  may  deem  best  for  the  interests  of  the 
schools, 345 

The  wages  of  a  teacher  employed  for  the  winter  term  may  be  paid  from  the  school 
money  to  be  received  the  next  spring, 345 

In  the  absence  of  any  specific  directions  by  the  district,  the  trustees  may  apply  the 
public  money  to  the  summer  and  winter  terms  of  a  school  in  such  proportions  as 
they  may  deem  just, 345 

Town  superintendents  (supervisors)  can  pay  over  public  money  only  upon  the  written 
order  of  the  trustees,  or  a  majority  of  them,  to  the  teacher  entitled  to  receive  the 
same .' 345 

The  public  money  apportioned  for  one  year  cannot  be  applied  to  the  payment  of  teach- 
ers' wages  of  a  previous  year,  except  when  a  term  embraces  a  portion  of  two  years, 
in  which  case  the  public  money  of  either  year  may  be  applied  indiscriminately  to 
that  term, ". 346 

The  illegality  or  irregularity  of  the  election  of  trustees  is  no  excuse  for  a  town  superin- 
tendent (supervisor)  for  refusing  to  pay  over  the  public  money,  upon  the  order  of 
such  trustees.  He  must  be  governed  by  the  report  of  these  officers,  made  in  con- 
formity to  law 346 

Trustees,  m  the  absence  of  express  directions  from  the  district,  may,  in  their  discre- 
tion, apply  the  public  money  for  the  support  of  schools  as  they  may  deem  proper ; 
but  when  they  apply  more  than  two-thirds  thereof  for  the  support  of  the  winter 
school,  the  Superintendent  of  Public  Instruction  will  interfere, 346 

The  statute  directing  town  superintendents  (supervisors)  to  pay  out  public  money  only 
to  qualified  teachers,  duly  employed,  upon  the  order  of  the  trostees  employing  them, 
was  enacted  for  the  purpose  of  preventing  embezzlement  by  trustees,  and,  if  they 
pay  the  public  money  to  a  trustee  or  other  person  than  the  teacher,  without  his 
order,  they  do  it  at  their  peril, 347 

Authority  of  the  district  to  interfere  with  the  action  of  the  trustees  in  dividing  the 
public  money, 347 

In  the  apportionment  of  public  money,  trustees  should  be  governed  by  the  wishes  of 
the  district ;  therefore,  when  the  inhabitants,  at  a  district  meeting,  adopt,  a  resolution 
in  reference  to  the  apportionment  of  the  public  money  which  was  not.  by  its  terms, 
restricted  to  one  year,  the  trustees  should  regard  it  ascontinuous  in  its  operation,. .  348 

Public  Monet.  {See  State  scfvool  moneys.) 

Trustees  to  divide  when  authorized, 137 

Cannot  be  paid  to  unqualified  teacher, 133 

How  paid  to  teachers, 144,  197 

PtrpiLS. 

Age  of  those  entitled  to  attend  common  schools, 131 

Indian  and  non-resident, 131,  132 

Q. 

QUAmriCATIONS. 

District  officers, 125 

Teachers, 133 

Of  voters, 98 

Queens  Couktt. 
Excise  money  how  expended, 261 

Quota. 
District  quotas, 44 

R. 

RAn.R0AD8. 

How  assessed, 178 

Randall,  H.  S. 
Secretary  of  State  and  Superintendent  of  Common  Schools, 2 

Randall,  S.  S. 
Deputy  Saperintendent  oi  Common  Schools 2 


Index.  509 

Bats  Buxs. 

PAGE. 

Abolished 240 

Money  raised  by,  for  fifty-five  years, 240 

Relationship. 
Prohibited  degrees  for  teachers, 142 

Religious  Meetings. 

[These  references  are  to  the  Digest.] 

TSse  of  pchool-honse  for  religious  meetings  considered 348 

An  application  to  close  the  school-house  against  religions  meetings  must  show  some 

injury  resiulting  from  such  use 348 

School-house  may,  under  certain  circumstances,  be  used  for  religous  meeting",  lec- 
tures, etc ". 348 

Trustees  cannot,  under  any  circumstances,  be  required  to  open  the  school-house  for 

religious  meetings 349 

Trustees  will  not  be  ordered  to  open  the  school-house  for  religious  meetings, 349 

Religious  exercises  are  not  a  part  of  district  school  exercises,  and,  therefore,  no  por- 
tion of  the  regular  school  hours  is  to  be  consumed  in  conducting  them, 349 

Removal  of  School  Oppicers. 

By  Superintendent, 16 

Of  officers  of  union  free  school  districts, 234 

By  the  board  of  education, 220 

Rents.                  • 
WTiat  and  how  taxable, 170,  174 

Repairs. 
[These  references  are  to  the  Digest.] 

Repairs  in  the  way  of  removing  a  desk  and  substituting  a  table  approved  as  necessary,  350 

Where  a  district  has  voted  to  make  certain  repairs  to  the  school-house  at  :i  certain 
expense,  and  these  repairs  have  been  made  under  the  direction  of  one  trustee,  the 
other  trustees  will  be  required  to  unite  in  making  out  a  tax  and  warrant  for  the 
expenses  thus  incurred,  to  the  amount  voted, 350 

Trustees  may  make  any  repairs  on  school-house,  pursuant  to  the  direction  of  school 
commissioner, 350 

Tax  for,  may  be  postponed  until  repairs  are  made 441 

Repairs. 

May  be  ordered  by  commissioners 22 

What  may  be  made  by  trustee  without  vote  of  inhabitants, 146 

Repeal. 

Of  act  of  Iffifi.  concerning  the  distribution  of  books, 211 

General  repealing  section, 239 

Reports. 

By  State  Superintendent 15 

By  school  commissioners, 39 

By  trustees,  to  district  meeting, 150 

Br  trustees  to  school  commissioner, 151 

F.'ilse,  penalty  for 152 

By  collector, 197 

By  board  of  education  of  union  free  school  districts, 223 

By  trustees  as  to  libraries, 210 

Residence. 

What  constitutes 98 

Of  district  officers, 126 

Residence  —  Non-resident  Pupils. 
[These  references  are  to  the  Digest.] 

An  inhabitant  cannot  gain  a  residence  in  another  district  by  taking  a  portion  of  hia 
family  with  himself  thereto,  so  as  to  send  his  children  to  school  therein, 351 

A  resident  of  a  district  is  not  responsible  for  the  tuition  of  a  non-resident  pupil  who 
simply  boards  with  the  former,  unless  the  trustees  notify  him  at  the  commencement 
of  the"  school  that  he  will  be  held  responsible  for  the  tuition ?51 

It  is  illpg!)l  for  trustees  to  enumerate  chiMrcn  in  their  districts  between  the  ages  of  tive 
and  sixteen,  unless  they  compose  a  part  of  the  family  of  their  parents  or  guardians  or 
employers,  if  such  parents  or  guardians  or  employers  reside  at  the  time  iu  such  district,  351 


510  Index. 

paob. 

Children  of  temporary  resid-'nts  are  to  be  enumerated  in  the  annual  reports  of  trnstcos,  352 
When  an  inhabitant  moves  from  one  school  district  into  another  for  the  purpose  of  avoid- 
ing an  enumeration  of  his  children  in  the  former  district,  and  immediately  after  the 
enumeration  moves  back,  the  town    superintendent  (school  commissioner)  should 

apportion  the  money  drawn  on  account  of  his  children  to  the  former  district 352 

The  power  to  admit  to  the  district  schools  non-resident  pupils  is  vested  by  statute  in  the 

trustees  exclusively 352 

What  constitutes  residence, 353 

Trustees  have  the  authority  to  exclude  non-resident  pupils  from  the  district  school,.. ..  353 
Where  children  whose  home  has  been  broken  up  are  broujjht  to  the  residence  of  a 
grandfather  to  tind  care  and  protection,  for  an  indefinite  period,  they  become  resi- 
dents of  the  district  in  which  such  £;randparent  lives, .' 353 

Children  attending  an  academy  or  hoarding-school  are  to  be  enumerated  l^y  the  trustees 
for  the  purpose  of  drawing  public  money  only  where  their  parents  are  actually  resi- 
dents of  the  district  in  which  such  academy  or  boarding-school  is  situated, 353 

Where  a  child  goes  into  a  district  to  get  employment,  and  not  for  the  purpose  expressly 
of  attending  the  school,  he  is  a  resident  of  such  district,  and  entitled  to  a  portion  of 
the  public  money  apportioned  to  district,  as  also  to  share  in  the  privileges  of  the 

school, 353 

Question  of  residence  suthcient  to  entitle  a  pupil  to  the  privileges  of  the  school  consid- 
ered,.     353 

The  question  of  residence  to  entitle  a  pupil  to  the  privileges  of  school  to  be  liberally 

construed  in  favor  of  the  pupil, 354  ' 

Facts  which  prove  residence  in  opposition  to  the  alHdavit  of  the  party, 354 

Adults  may  be  admitted  to  school  on  the  same  terms  as  non-residents, 354 

A  meeting  will  not  be  ordered  to  enable  the  inhabitants  to  take  action  upon  the  ques- 
tion of  admission  to  the  school  of  non-resident  pupils, 335 

What  constitutes  residence, 449 

Resignations. 

Of  school  commissioner '. 20 

Of  district  school  officers, 128 

Rice,  Victor  M. 
Superintendent  of  Public  Instruction 2 

Richmond  Countt. 
Excise  moneys,  how  expended, 261 

s. 

Salaries. 

Of  State  Superintendent, 3 

Of  school  commissioner, 20 

Of  school  commissioner,  how  paid, 43 

Savings  Banks. 

Taxable  for  schools, 268 

School  Commissioner  Districts. 

List  of, 490 

School  Commissioners. 

[  These  references  «?•«  to  the  Digest.} 

There  is  no  law  requiring  a  school  commissioner  to  be  a  resident  of  the  district  which 
elects  him 303 

Commissioners  cannot  declare  void  proceedings  of  their  predecessors,  though  they  may 
annul  or  rescind  them, 303 

Superintendent  must  have  evidence  of  the  appointment  of  a  school  commissioner  before 
he  can  receive  his  salary, 308 

School  Commissioners. 

General  powers  and  duties 18 

When  to  apportion  State  school  moneys, 54 

To  certify  to  State  Superintendent  and  to  supervisors, 55 

Duties  in  regard  to  the  formation,  alteration  and  dissolution  of  school  districts, 22,  75 

To  appoint  time  for  holding  lirst  meeting  in  new  district, 92 

WhL-n  authorized  to  call  special  district  meetings,  ..    95 

Cannot  be  trust(!es  of  school  districts, 125 

Districts,  how  formed, 18- 

How  elected 18 

Termof  office, 19 


Index.  611 

PAOE. 

Oath  of  ofBce 19 

Ofticc,  how  vacated, 20 

Vacancy,  how  filled  and  for  what  time, 20 

Salary  of,  and  how  paid 20 

Salary,  when  to  be  withheld, 21 

When  to  sierve  in  another  district, 21 

Forbidden  to  act  as  book  agents, 21 

Penalty  for  acting  a?  book  agent 21 

How  to  apportion  school  moneys, 54 

Unexpended  moneys  in  county  treasury 54 

Statement  of  fines  and  penalties, 64 

Apportionment  to  neighborhoods, 54 

Apportionment  on  average  attendance, 64 

Certificates  of  apportionment,  to  whom  sent 54 

Proceedings,  when  trustees  dissent  from  order  altering  a  school  district, S4-88 

Joint  districts,  how  formed, 88 

Joint  districts,  how  altered, 89 

Order  to  dispose  of  books,  records,  etc.,  of  dissolved  districts, 93 

To  approve  tax  for  school-house  above  $1000 121 

Powers  as  to  joint  libraries 203 

Duties  in  regard  to  teachers'  institutes 225 

To  visit  and  examine  schools 23 

To  order  the  repair  of  school-houses, 22 

To  order  the  abatement  of  nuisances 23 

To  condemn  school-houses  unfit  for  use, 23 

To  examine  teachers, 23 

May  annul  certificates  and  diplomas, 23 

Examination  of  schools, 25 

Advismg  and  consulting  with  school  oflBcers, 25 

Visitation  of  schools, 24 

Proper  studies,. . .    26 

Discipline  and  conduct  of  schools, 26 

Course  of  instruction  in  schools, 27 

Books  of  elementary  instruction, 27 

School-houses  and  grounds 23 

The  examination  of  teachers 29 

Certificates  for  teachers,  forms  of, SQ 

Re-examination  of  teachers,    34 

Procedure  on  charges  against  teachers, 35 

May  administer  oaths,  38 

May  take  testimony  on  appeals, 33 

Subject  to  rules  of  Superintendent  of  Public  Instruction, 39 

Reports,  when  to  be  made, 39 

Salaries,  how  paid, ,   43 

Pupils  in  Cornell  university, 490 

School-Houses. 

Care  and  custody  of, 139,  148 

Use  of,  for  purposes  other  than  schools, 143 

Who  exempt  from  tax  to  build, 186 

Condemned  by  school  commissioner  and  supervisor, 23 

General  provisions  regarding, I04 

Sale  of, „ 123 

Trustees  may  insure  when  authorized, 104 

May  be  used  for  certain  purposes, 148 

School-house  site  bill 243 

Repairs  ordered  by  school  commissioners,  23 

Nuisances  abated, 23 

Must  not  stand  on  town  lines, 121 

Tax  exceeding  $1000 121 

Tax  by  installments, 121 

Schools  and  School-Houses. 

[  Thete  references  are  to  tlve  Digest.'] 

School  may  be  opened  with  prayers,  provided  that  it  be  done  before  school  hours,  and 
that  there  be  no  compulsion  to  enforce  attendance, 355 

Trustees  have  the  power,  when  in  their  discretion  circumstances  require  it,  to  estab- 
lish temporary  branch  schools  in  a  district,  and  employ  a  teacher,  without  any  vote 
of  the  district,  and  a  due  proportion  of  the  public  money  should  be  applied  to  the 
payment  of  such  teacher, 350 

Trustees  will  be  directed  to  establish  a  branch  school  in  a  remote  part  of  the  district, 
where  there  are  pupils  enough  to  support  a  respectable  school,  and  where  the 
school-house  is  inaccessible  some  part  of  the  year, 3,56 

Action  of  trustee  in  establishing  a  branch  school  sustained 357 

Discretion  of  a  trustee  in  establishing  branch  school  overruled, 357 


612  Index. 

FAOB. 

Trustees  will  be  restrained  from  establishing  a  branch  school  when  there  is  clearly  no 
necessity  for  one, 357 

Trustees,  under  certain  circumstances,  will  be  sustained  in  having  the  school  at  other 
place  than  the  school-house, 358 

A  stove  and  pipe  are  necessary  appendages  to  a  school-house,  and  proper  objects  tor 
the  levying  of  a  district  tax, ' 358 

A  school-house  belongs  to  the  district,  but  trustees  have  the  legal  control  of  it,  and 
must  not  permit  it  to  be  used  for  purposes  which  interfere  with  school.  By  general 
consent,  they  may  allow  meetings  of  an  unobjectionable  character  to  be  held  in  it,.  358 

Where  a  school-house  is  shown  to  be  wholly  unfit  for  school  purposes,  the  trustees  will 
be  sustained  in  directing  the  school  to  be  taught  in  another  place 359 

It  is  not  a  sufficient  excuse  for  not  opening  a  school  that  the  school-house  is  unfit  for 
use  ;  trustees  are  bound  to  put  the  house  in  the  best  condition  in  their  power  and 
open  a  school  therein 359 

Trustees  have  no  right  to  sell  the  old  school-house  when  a  new  one  has  been  Built, 
without  special  authority  from  the  district, 359 

A  new  building  erected  for  a  district  must  be  accepted  by  the  trustees  before  it  can  be 
regarded  as  the  legal  school-house  of  a  district, 359 

When  a  district  has  two  school-houses,  the  trustees  may  call  the  annual  meeting  to 
assemble  at  either  of  them,  unless  one  of  them  has  been  designated  at  a  previous 
annual  meeting  as  the  place  of  assemblage, 359 

Where  there  is  no  school-liouse  in  the  district,  and  the  trustees  have  hired  a  house  for 
school  purposes,  the  district  is  bound  to  pay  the  rent  whether  a  school  is  taught  or 
not 362 

Where  a  teacher  is  employed  who  has  no  license,  the  school  thus  taught  becomes  a  pri- 
vate school, 362 

The  district  is  not  bound  to  pay  for  fuel  used  in  such  school, 362 

Private  school  building  not  exempt  from  taxation, 449 

Schools,  Common 

Free  to  all  persons  between  the  ages  of  five  and  twenty-one  years, 131 

Colored 224 

State  tax  for  support  of, 240-24 1 

First  common  school  act, 461 

Evening  schools, 43 

Exclusion  from,  causes  for, 131 

Lancastrian  school  act, 463 

School  Fund. 
Titles  of  acts  relating  to, 484 

School  Oppiceks. 

When  and  how  removable, IR 

Eegisters,  blanks,  forms,  etc.,  for  their  use, 18 

School  Tax.  (See  Tax.) 

Amount  of.  and  how  raised, 41 

How  paid  out 41 

Tov/ns  may  raise, 492 

School  Year. 
What  constitutes, 44 

Sites, 

Designation  of,  by  district  meeting, 104,110 

Title,  how  may  be  acquired, .    110 

Tax  for,  and  purchase  of, 104,  113 

Tax  for  enlargement  of  site, 119 

When  may  be  changed 123 

Sale  of  site  and  buildings,  123 

Moneys  from  sale  of,  how  applied, 124 

How  acquired  by  appraisal, 243 

Sites. 
\_TheKe  references  are  to  the  Diffest.] 

A  school  district  cannot  delegate  the  power  to  select  a  school-house  site.  A  designa- 
tion should  be  specific  as  to  location  and  size, 363 

The  mere  act  of  voting  to  select  a  particular  piece  of  land  upon  which  to  erect  a  school- 
house  does  not  establish  the  site.  It  must  be  followed  by  an  actual  leasing  or 
purchase, 363 

In  dcsiirnating  a  site  for  a  school-house,  the  description  should  be  by  metes  and  bounds, 
and  the  quantity  of  land  should  be  stated,  that  every  inhabitant  of  the  district  may 
be  able  to  vote  intelligently 364 

A  district  may  purchase  a  site  by  a  majority  vote.    It  is  diflferent  from  changing  a  site, ,  364 


Index.  513 


The  occupancy  of  a  school-house  snflicient  notice  to  purchaser  of  land, 3G4 

When  tlie  trustees  have  contracted  to  locale  the  scliool-house  on  any  particular  place 
upon  the  site,  in  the  absence  of  any  iui-truclious  from  the  (li!ftrict,  this  department 
will  not  interfere, 364 

It  is  not  necessary  that  a  majority  of  all  the  taxable  inhabitants  should  be  obtained,  in 
addition  to  the  consent  of  the  town  superintendent  (Mi|)ervi.-or)  in  order  to  change 
the  site,  but  only  a  majority  of  thijse  present  and  votini;  at  a  nieetini;  duly  notilied,  363 

A  maiorit.y  of  voters  at  a  school-district  nuietin:,'  may  empower  the  trustees  to  purchase 
additional  territory  adjoining  the  srhool-liouse  site,  for  the  purpose  of  enlarging 
their  grounds  for  school  purposes.    It  is  not  a  cu^e  of  removal  of  site, 365 

In  levying  a  tax  for  the  purchase  of  a  school-house  site,  the  district  is  not  limited  as  to 
the  amount  to  be  raised, —  366 

The  certiticatc  of  the  town  superintendent  (supervisor)  is  not  necessary,  and  the  dis- 
trict may,  by  a  majority  vote,  raise  such  an  amount  as  shall  be  necessary  for  the 
purpose, 366 

When  a  district  has  been  altered,  the  site  of  tlie  school-house  maybe  changed  by  a  vote 
of  the  majority  of  those  present  at  the  meeting, 366 

Due  notice  of  a  meeting  will  be  presumed,  unless  the  contrary  be  shown, —   366 

A  two-story  school-house  may  bo  built  upon  land  leased,  with  the  agreement  that  the 
rent,  or  consideration  of  the  grant,  shall  be  the  use  by  the  lessor  of  the  upper  story 
out  of  school  hours, 367 

A  school  district  has  no  authority  by  law,  and  this  department  will  not  permit  the  inhab- 
itants, to  take  a  perpetual  lease  for  the  site  of  a  school-house.  The  district  should 
have  the  fee  simple  before  building,. 367 

Site  of  a  school-house  in  union  free  scliool  district  established  and  changed  by  vote  of 
inhabitants  in  same  manner  as  in  districts  subject  to  general  school  law, 368 

Districts  that  have  been  altered  in  their  boundaries  since  the  establishment  of  a  site 
and  building  of  a  house  are  not  restricted  in  their  power  to  change  such  site  at  any 
legal  district  meeting, 369 

Where  the  consent  of  the  supervisor  to  a  change  of  site  is  obtained  by  misrepresenta- 
tion, the  proceedings  will  be  set  aside, 369 

The  depr.rtment  will  not  interfere  with  the  action  of  a  district  in  purchasing  a  site, 
except  wrere  the  title  to  said  site  is  clearly  and  conclusively  shown  to  be  defective,  370 

Where  the  district  docs  not  authorize  a  change  of  site,  this  department  will  not  interfere 
to  compel  such  change,  even  though  justice  requires  it, 370 

In  locating  two  sites  in  a  district,  the  whole  district  must  act  upon  the  question  of  each 
site,  not  simply  the  sections  to  be  respectively  favored, 370 

Where  trustees  purchase  a  site  designated  by  the  district,  an  appeal  from  their  action 
will  not  lie  ;  it  should  be  brought  from  the  proceedings  of  the  meeting  in  designating 
thatsite, 371 

Consent  of  supervisor  to  a  change  of  site  must  be  as  prescribed  by  statute 371 

Where  two  sites  have  been  designated  and  purchased  after  a  protracted  controversy 
before  this  department,  the  question  of  the  consent  of  the  commissioner  will  not 
be  considered  upon  a  subsequent  collateral  issue, 371 

Power  to  designate  cannot  be  delegated, 441 

Tax  may  be  raised  before  acquiring  title, 441 

Consent  of  supervisor,  when  to  be  given, 450 

Division  fences 373 

Money  mu=t  not  be  paid  for  site  until  clear  title  is  obtained, 373 

,                                           Smith.  E.  P. 
Deputy  Superintendent  Public  Instruction, . 8 

Sole  Trustee. 
Ilis  powers, 134 

Special  Meetings. 

To  build  school-house  in  place  of  one  condemned, 23 

For  change  of  site, 122 

Uow  called  by  trustees, 135 

Spenceu,  J.  C. 
Secretary  of  State  and  Superintendent  Common  Schools 2 

State  Certificates. 

How  issued 13 

Uow  annulled, -IS 

State  School  Moneys. 

What  shall  constitute 42 

Apportionment  of,  by  State  Superintendent, 43 

When  payable, • 48 

Apportionment  of,  by  school  commissioners, —    54 

Disbursement  of,  by  supervisors, 68--71 

65 


I 

614  Index.^ 

PAGE. 

Tnistees  to  draw  on  supervisors  for, 137, 145 

Library  mone3's,  45 

How  apportioned  by  school  commissioners, 56-61 

Errors,  how  corrected 62 

How  forfeited  by  districts, 62 

Cannot  be  paid  to  unqualified  teachers, 133 

Orphan  asylums  to  share  in, 262 

State  Normai,  Schools. 

See  normal  schools, 266 

At  Albany,  Oswego,  Brockport,  Buffalo,  Fredonia,  Cortland,  Potsdam  and  Genesee, 4 

Titles  of  acts  incorporating, 476 

State  Superintendent. 

Election  and  general  powers  of, 1 

Shall  prescribe  rules  for  libraries, 204 

Powers  and  duties  in  relation  to  appeals, 229 

Office  in  State  Hall,    ' 3 

Salary, 3 

Clerks  in  his  office, 3 

His  seal  of  office, 3 

Records  and  papers,  how  authenticated,    3 

Eegent  of  the  University, 4 

Trustee  of  Cornell  university,. ..   , 4 

Trustee  of  People's  college, 4 

Supervision  of  normal  schools 4 

Has  visitation  of  institution  for  deaf  and  dumb,  of  the  blind,  and  all  similar  institntions,     4 

Has  charge  of  Indian  schools, 4 

Selects  pupils  for  institution  for  deaf  and  dumb, 5 

Selects  pupils  for  institution  for  blind, 5 

May  extend  term  of  pupils  (note), 5 

Visitors  may  be  appointed, 14 

Required  to  visit  common  schools, 15 

Annual  report,  what  to  contain, IS 

Annual  report,  when  to  be  made, 15 

Teachers'  certificates 15 

Certificates  may  be  annulled, 16 

Certificates,  lists  of,  to  be  kept  by, ^ 16 

School  officers  may  be  removed  by, 16 

Blanks,  registers,  etc.,  prepared  by, 13 

Salaries  of  school  commissioners, 20 

Salaries  of  school  commissioners,  when  to  be  withheld 21 

May  order  school  commissioners  to  serve  in  adjoining  districts,  21 

May  remove  school  commissioners  for  acting  as  book  agents, 21 

Countersigns  drafts  and  checks  for  moneys  raised  by  school  tax, 41 

May  borrow  money  to  meet  deficiencies  in  the  school  tax, 42 

Apportionment  of  State  school  moneys, 43 

Apportionment,  to  whom  certified,    48 

His  oversight  of  trust  funds 49 

Power  to  call  district  meeting, 97 

Consent  to  amend  erroneoustax  list, « 196 

May  examine  into  condition  of  libraries, 210 

When  may  select  books  for  libraries,  211 

His  duties  in  regard  to  teachers'  institutes,. 225 

Duties  in  regard  to  Indian  schools 238 

Schiiiil  laws  to  bo  published  under  his  charge, 239 

Noniuil  schools,  supervision  of, 272,  291 

Digest  of  decisions 293 

Instructions  to  commissioners  and  supervisors  as  to  State  pupils  in  Cornell  university,  490 

State  Tax. 
For  support  of  schools, 40,  240 

Stockholbebs  of  Bakks. 
How  taxable, a. (,.,.... ^.^ 258 

^^rr.,-       Supervisors.  ' 

Powers  and  duties  in  relation  to  State  school  moneys 68 

Must  sue  for  all  penalties,  when  the  duty  is  not  otherwise  imposed, 69 

Duties  in  relation  to  property  of  dissolved  school  districts, 89,    90 

Cannot  be  trustees 125 

May  accept  resignation  of  district  officers, 128 

May  appoint  trustees  in  certain  cases, 127 

Condemnation  of  school-houses, 22 


Index.  515 

PAOX. 

Duties  a?  to  trnst  funds, , 49,  203 

School  moneys  to  be  paid  to ,..  63 

Bond  for  safe  keepiiij;  money? 63 

KefUf-al  to  '_'ive  bond  a  misdemeanor, 64 

Trustees  of  •,'ospel  and  school  lots, ; 64 

Report  concerning  gospel  and  school  lots, 49 

Have  charge  of  certain  poor  moneys, 6(> 

Embezzlement  by,  a  misdemeanor, 67 

Return  to  county  treasurer, .  63 

Penalty  for  false  return 63 

When  to  act  in  formation  and  alteration  of  districts 69 

Disbursement  of,  and  accounting  for,  school  moneys, 68-71 

Form  of  account  and  receipt, 71 

Pay  for  services  in  the  alteration  of  districts 88 

To  sell  property  of  annulled  districts  and  settle  all  of  its  affairs, 89,  90 

Power  to  call  district  meeting, 97 

Consent  lo  change  of  site, 122 

When  may  till  vacancies  in  district  offices, 127 

May  accept  resignation  of  district  officers, 128 

To  pay  orders  of  trustees  in  favor  of  teachers, 137,  145 

To  notify  county  treasurer  and  Superintendent   of  Public   Instruction  of  moneys 

Tindrawn, 150 

Assessment  of  railroads, 178 

Equalization  of  taxes  in  districts  composed  of  parts  of  two  or  more  towns, 183 

Consent  to  renewal  of  warrant, 196 

Bonds  to  be  given  by, 62,  262 

Selection  of  pupils  in  Cornell  university, 490 

Supervisors,  Board  ov 

To  provide  support  of  deaf  and  dumb  pupils, 8 

To  provide  clothing  for  deaf  and  dumb  pupils, 10 

To  provide  clothing  for  blind, 13 

Salaries  and  ex jjenses  of  school  commissioners,  20 

Unpaid  non-resident  taxes  to  be  paid  by, 190 

Duties  as  to  library  and  library  moneys, 201,  204 

SrrPERINTENDEKT. 

[These  references  are  to  the  Digest.] 

Jurisdiction  over  school  moneys, 446 

Jurisdiction  on  appeals, 452 

T. 

Tax. 

For  support  of  common  schools, 40,  240 

For  fuel,  appendages,  repairs,  libraries,  deficiencies,  contingencies,  school-house  and 

site,  and  to  replace  moneys  lost  or  embezzled, 104,  199 

Any  legal  sum  njay  be  raised  by, 147 

How  assessed  and  made  out, 166 

When  tenants  are  liable  for,  184 

What  persons  exempt  from  tax  to  build  school-house, 186 

On  non-resident  lands ..  186 

Payment  of,  may  be  made  before  levy, 193 

Collection  of, 191 

For  libraries, 104,  117 

To  build  house  in  place  of  one  condemned, 23 

State  school  tax,  how  raised  and  paid  out, 41 

Without  vote  of  the  district, 147 

Ta.x  List. 

Trustees  to  make  out 136,  138 

When  to  be  made  out, 166 

The  form  of. 167 

How  apportioned, 169 

Efiuulization  of,  in  districts  composed  of  parts  of  two  or  more  towns, 183 

When  tenants  may  charge  owner  of  land, 185 

When  completed 193 

Erroneous,  how  corrected 196 

To  buy  tite  or  build  school-house, lOJ,  113 

To  build  out-houses,  fences  and  appendages, 116 

To  buy  m;ips,  globes,  blackboards,  etc., , 104,  116 

To  buy  books  for  libraries, 104,  117 

To  make  good  deficiencies, 105, 117 


516  Index. 

PAQE. 

To  buy  record  books  and  blank  books, 105,  117 

To  replace  moneys  embezzled, 105,  118 

To  make  y^ood  ^;eneral  deficiency, 105,  118 

Exceediiiij  $1,000,  for  school-house, 131 

By  installments  for  school-house, 121 

How  apportioned  for  district  taxation, ..  ISO 

Unpaid  taxes  on  non-resident  land, 187 

Collector's  return  of  unpaid  taxes 188 

When  trustees  may  sue  for  unpaid  taxes, 195 

State  tax  for  support  of  schools, 240 

City  taxes  for  support  of  schools, 243 

School  tax  may  bo  raised  by  towns, 492 

Taxable  Inhabitants. 

Who  are  taxable  inhabitants, 175,179 

Persons  working  land  under  contract,     184 

Persons  working  laud  by  agents  or  servants, _ 185 

Taxable  Property. 
Valuation  of,  how  ascertained, 178 

Tax  List. 
[  Tliefse  references  are  to  tlie.  Digest.'] 

Any  sum  voted  or  legally  a  charge  on  the  district  may  be  included  in, 441 

Making  out  tax  lisit,"a  judicial  act 442,  449 

Time  for  making  out  tax  list 44,3 

Canunot  alter  after  tax  has  been  collected 443 

Shareholders  of  national  banks, 451 

Taxes  and  Taxation. 
{These  references  are  to  the  Digest.'] 

No  notice  of  an  assessment  is  I'equirod  except  where  an  original  valuation  is  made ; 
nor  is  a  notice  that  a  tax  list  has  been  placed  in  the  hands  of  a  collector  for  collec- 
tion necessary 372 

When  difi'erent  parcels  of  property,  of  diflerent  quality  and  value,  lying  in  two  districts, 
are  so  coupled  together  in  the  town  assessment  roll,  in  one  aggregate  valuation, 
that  their  separate  value  is  not  apparent,  and  cannot  be  fixed,  without  an  exercise 
of  judgment  on  the  part  of  the  trustees,  a  new  valuation  should  be  made,  and 
notice  given, 372 

Contiguous  territory  lying  partly  in  two  or  more  districts,  occupied  and  cultivated  as 
one  farm,  is  taxable  in  the  district  in  which  the  occupant  resides 372 

Where  a  tax  payer  vbluntarily  moves  from  one  district  to  another  he  is  liable  to  a  tax 
for  building  a  school-house  in  the  latter  district,  even  if  within  four  years  he  has 
paid  a  tax  for  that  purpose  in  the  district  from  which  he  removes _      373 

A  tax  may  be  levied  to  finish  tlie  erection  of  a  school-house  commenced  by  subscrip- 
tion, provided  the  district  own  the  site ;  if  not,  the  subscribers  must  first  relin- 
quish their  title  to  tl\e  district,  373 

When  a  school-house  is  so  decayed  as  to  be  no  longer  adapted  to  its  purposes,  the 
district  may  raise  money  by  tax  to  build  a  new  one,  by  a  majority  vote,  and  without 
a  special  notice  of  the  intent  to  propose  such  a  tax,  at  an  annual  meeting 373 

When  the  trustees  make  any  change  in  the  valuation  of  property  difTering  from  the 
valuation,  as  appears  by  the  assessment  roll,  they  should  give  twenty  days'  notice 
of  the  changes  they  have  made  to  the  inhabitants  of  the  district  all'ected  thereby,  373 

The  assessment  roll  of  a  town,  as  revised  by  the  assessors  and  delivered  to  the  super- 
visors, is  complete  so  far  as  to  bind  the  trustees  in  making  out  a  tax  list, 374 

It  is  the  duty  of  the  trustees  in  laying  a  tax  to  assess  the  same  against  every  person 
within  the  district  who  owns  or  is  in  possession  of  taxable  projierty  at  the  time 
of  making  out  such  tax  list 374 

Taxation  of  a  person  having  the  naked  possession  of  land  without  color  of  title.  A  pre- 
vious case  commented  on  and  c>^plained, 375 

Land  worked  unthn-  a  contract,  by  which  a  lessee  is  to  share  in  the  produce  thereof,  is 
subject  to  taxation  in  the  district  where  it  is  situated, 375 

Presurriptively,  the  trustees  of  a  school  district  have  no  right  to  go  beyond  the  bound- 
arif^  of  tiicir  district  to  tax;  and  when  they  do.  it  lies  upon  them  to  establish  the 
])ower  to  tax,  and  not  upon  the  party  taxed  to  dis))rove  it 37G 

Trustees  are  to  assess  the  road  bed  of  a  turnpike  precisely  as  if  that  portion  of  it  lying 
in  their  district  belongs  loan  individual  not  owning  the  remainder;  unless  the  net 
annual  income  of  the  company,  over  and  above  all  expenses  for  repairs,  etc.,  is  lees 
than  five  per  cent  upon  the  original  cost,  in  which  case  the  road  is  exempt  from 
taxation 370 

WTien  the  assessment  roll  of  a  town  is  at  the  county  seat,  in  the  custody  of  the  board 
of  supervisors,  and  a  tax  is  voted  in  its  absence,  it  is  a  sufficient  excuse  for  not 
makiiiL'  out  the  tax  list  within  thirty  days  after  it  is  voted.  The  statute  is  merely 
directory, 377 


Index.  517 

PAQB. 

Where  a  person  voted  at  a  district  meetin/^  on  the  ground  that  he  had  fifty  dollars  in  per- 
gonal property  liable  to  taxation,  it  is  tlie  duty  of  tlie  fiisiees  to  incliulo  him  in  their 
tax  list,  even"  tlioui,'h  hi#  name  be  not  on  the  assessment  roll  of  the  town  ;  and,  if 
they  neglect  to  do  so,  the  department  will  set.  aside  their  assessment  and  order  them 
to  include  the  persou  so  left  out, Sit 

It  is  the  duty  of  trustees  to  assess  all  persons  who  voted  on  the  ground  of  having  fifty 
dollars'  wortli  of  property,  unless  before  the  tax  list  is  made  out  such  property  is 
converted  into  real  estate,  in  which  case  the  latter  is  to  be  taxed  if  within  the  dis- 
trict, and  the  personal  property  is  to  be  omitted, 377 

A  mortgage  given  to  secure  the  purchase-money  of  real  estate  is  subject  to  taxation  in 
the  district  where  the  mortgaLjee  resides, 378 

A  tax  by  instullments  cannot  be  raised  for  any  other  purpose  than  "  for  buildin'',  hiring 
or  purchasing  a  school-house,'"  and  then  "the  tax  cannot  be  raised  by  instalhnents, 
unless  it  exceeds  $-)0U.    (Tax  must  now  exceed  $1.000— to  be  voted  in  installments),  37S 

A  tax  voted  for  the  purchase  of  a  site  cannot  be  raised  by  in.stallments.  A  tax  list 
for  the  whole  amount  must  be  made  out  within  thirty  days  from  the  voting  of  the 
tax 378 

Persons  who'are  by  .their  profession  dedicated  to  the  service  of  God  and  the  cure  of 
souls,  and  liaving  a  license  to  preach,  or  who  have  complied  with  the  form  and 
mode  of  ordination,  are  ministers  of  the  gospel  within  the  law, 379 

Non-practicing  clergymen  not  entitled  to  the  reduction  of  $1,500,  made  in  favor  of  prac- 
ticing ministers  of  the  gospel, 379 

The  personal  property  of  the  deceased  is  taxable  in  the  district  where  the  administrator 
rc'sides 379 

A  lot  owned  by  a  church,  on  which  there  is  no  church  building,  is  not  exempt  from  tax- 
ation  379 

Where  territory  is  added  to  a  district  after  tax  has  been  voted  to  Ijuild  now  school- 
house,  but  before  tax  list  for  same  has  been  made  out  and  placed  in  hands  of  col- 
lector, it  does  not  affect  the  action  of  district  in  voting  lax,  and  newly  gained 
territory  is  liable  to  pay  its  part  of  tax, 379 

A  special  meeting  may,  however,  be  called  at  any  time,  and  before  the  tax  list  has 
been  completed  by  the  delivery  to  the  collector,  the  inhabitants  may,  by  a  majority 
vote,  rescind  the  resolution  authorizing  a  tax  for  a  new  school-house, 3S0 

Trustees  act  judicially  in  levying  a-tax,  and  this  department  will  not  set  up  its  judgment 
in  opposition  to  tlieirs,  as  to  the  correctness  of  the  taxation, 380 

Distinction  between  increasing  the  valuation  of  real  property  and  increasing  the 
amount  of  personal  property  considered, 380 

Parcels  of  land  bought  of  different  parties,  but  all  connected  with  the  original  farm 
upon  which  the  owner  resides,  are  taxable  as  one  farm  in  the  district  of  his  resi- 
dence   380 

Where  trustees  make  an  original  assessment,  they  must  give  the  legal  notice  of  twenty 
days,  and  permit  the  party  claiming  a  reduction  to  be  hoard  at  a  time  and  place  to 
be  designated  by  the  trustees 381 

In  making  out  a  tax  list,  if  the  trustees  follow  the  town  roll,  it  will  not  be  held  invalid, 
although  land  belonging  to  the  son  is  assessed  to  the  father, 382 

When  the  town  assessors  have  assessed  a  minister  of  the  gospel  for  his  property,  the 
trustees,  in  miking  out  a  tax  list,  must  presume  that  the  $1,500  exemption  allowed 
by  statute  has  been  made, , 382 

When  the  board  of  ciiucation  or  trustees  make  an  original  assessment  of  personal  prop- 
erty, and  the  person  assessed  does  not  appear  to  answer  sucii  questions  as  may  be 
put  to  him  in  relation  to  his  estate,  but  presents,  by  his  attorney,  an  insufficient 
and  unsatisfactory  affidavit,  a  reduction  of  the  assessment  will  be  denied, 382 

Where  town  assessment  roll  is  corrected  by  the  assessors,  or  adopted  by  them  without 
correction,  it  is  henceforth  the  assessment  roll  of  the  town  for  all  district  taxes. 
Board  of  supervisors  having  equalized  taxation,  Addition  or  subtraction  of  a  percent- 
age does  not  change  proportionate  valuation  between  inhabitants  of  same  town; 
but,  in  joint  districts,  supervisors  are  to  determine  the  relative  proportion  of  tuxes 
to  be  assessed  upon  real  property  of  parts  lying  in  each  town 384 

Where  it  is  claiinc^d  that  land  lying  in  one  district  is  taxable  in  another  adjoining  by  vir- 
tue of  its  being  part  of  a  parcel,  upon  which  the  owner  lives,  in  such  adjoining  dis- 
trict, that  fact  must  be  clearly  proved 384 

The  farm  of  a  non-resident,  occupied  by  a  tenant,  with  an  agreement  on  the  part  of  the 
latter  to  pay  the  taxes,  may  be  assessed  to  such  tenant,  or  to  the  owner,  in  the  dis- 
cretion of  the  trustees, 38.5 

Trustees  may  modify  or  correct  the  tax  list  any  time  before  delivery  to  the  collector,  —  385 

When  a  person  ceases  to  be  an  inhabitant  of  a  district  ai"ter  a  district  tax  is  voted  and 
before  the  expiraton  of  the  time  allowed  trustees  in  which  to  make  out  their  tax 
list,  ho  should  be  omitted  from  such  tax  list 385 

A  person  set  oil"  Irom  one  district  to  another,  by  an  order  that  does  not  take  effect  until 
three  months  after  its  issue,  will  be  liable  on  any  taxes  levied  in  the  district  from 
which  ho  is  set  off,  prior  to  the  taking  eftect  of  such  order 386 

Assessment  of  a  bond  apd  mortirage  as  personal  property  is  good,  but  at  the  same  time 
assessing  the  owner  thereof  for  the  farm  up(ni  which  he  holds  the  mortgage,  and 
upo:i  which  he  r-jsidos  only  tem|)orarily,  discountenanced, 386 

A  stockholder  in  a  national  banking  association  is  liable  to  be  taxed  for  personal  prop- 
erty in  the  district  where  the  bank  is  located,  on  the  amount  of  stock  owned  by  him 
in  such  bank, 387 


518  Index. 

PAGB 

Where  the  iuhal)itants  at  a  district  meeting  direct  the  trustees  to  do  an  act  which  they 
are  authorized  by  law  to  direct,  as  the  removal  of  a  school-house,  the  trustees  may 

levy  a  tax  to  defray  the  expense,  without  a  vote  of  the  district, 388 

In  case  of  vacancy  two  or  even  one  trustee  may  do  any  official  act 389 

The  expense  of  investigating  a  title  is  a  part  of  the  expense  of  a  site,  and  may  be 

legally  included  in  a  tax, 3S9 

A  tax  may  be  voted,  levied  and  collected  in  a  school  district  to  purchase  a  site  and 

school-house,  but  the  money  cannot  be  applied  until  a  valid  title  is  obtained, 389 

When  a  tax  list  has  been  made  out,  but  not  delivered  to  the  collector,  it  is  no  objection 
to  the  trustees  calling  another  meeting  of  the  inhabitants  to  reconsider  the  pro- 
ceedings of  the  meeting  at  which  the  tax  was  voted,  if  requested  by  a  respectable 

number  of  the  inhabitants, 389 

In  making  out  a  tax  list,  all  the  trustees  must  be  consulted  and  act  together,  ...   389 

The  trustees  of  a  school  district  have  no  power  to  correct  a  tax  list  after  a  portion  of 
tlie  tax  has  been  collected,  without  permission  from  the  Department  of  Public 

Instruction, 390 

A  tax  list,  made  out  by  one  of  the  trustees  and  signed  by  two  of  them,  without  notice 

to,  or  consultation  with,  the  third  trastee,  will  be  set  aside,  .• 390 

The  form  of  a  tax  list  is  deemed  important, 390 

The  authority  for  levying  a  tax  must  not  be  indefinite.    Taxes  should  be  specifically 

voted, " 391 

A  vote  to  raise  by  tax  a  certain  sum  to  build  a  school-house,  the  same  to  be  paid  at  dis- 
cretion in  labor  or  materials,  is  illegal  and  void, 391 

A  tax  may  be  voted  to  pay  expenses  beyond  estimates  expended  by  trustees  in  building 

an  authorized  school-house, 391 

A  district  has  no  power  to  exempt  any  inhabitant  from  taxation  in  consideration  of  a 

gift  by  him  of  a  site,  391 

When  a  special  meeting^  had  voted  a  tax  for  building  a  new  house,  and  had  adjourned 
four  weeks  to  consider  proposals  for  building,  and  at  the  adjourned  meeting  voted 
to  rescind  the  vote  levying  the  tax.  the  vote  to  rescind  was  legal  and  valid,  even 

though  the  tax  list  had  been  made  out,  and  a  part  of  the  tax  voluntarily  paid, 391 

Objection  to  a  tax  list  on  the  ground  that  property  is  omitted  therefrom  must  be  taken 

in  time 392 

Where  a  tax  is  voted  to  build  a  school-house,  the  trustors  are  not  required,  unless  by  a 
direct  vole  of  the  district,  to  deduct  from  that  sum  the  proceeds  of  the  sale  of  the 

old  house 392 

Where  trustees  are  authorized  to  build  a  school-house  of  certain  dimensions,  and  they 
slightly  vary  from  these  dimensions  by  causing  the  house  to  be  built  larger,  paying 
for  the  excess  out  of  their  own  funds,  the  district  must  pay  such  sum  as'  the  house 

would  have  cost  if  built  of  the  specified  size, 392 

Tax  may  be  raised  before  acquiring  title 441 

After  tax  is  partly  collected,  meeting  cannot  rescind  a  vote  for, 441 

Who  are  taxable, 441 

What  assessment  roll  is  to  be  followed, 442 

Assessment  must  be  after  the  vote . . 442 

Liquidating  amount,  when  no  specific  sum  has  been  voted, 442 

B quulization  in  district  partly  in  two  or  more  towns, 443 

Collector's  fees, 443 

Naming  the  person  assessed, 443 

Power  to  assess  tax  is  personal, 443 

Assi'ssinent  of  non-residents,     449 

School  liuihlings  exempt  from  taxation, 449 

When  a  tax  may  be  said  to  be  collected, 450 

Banking  corporations, 451 

Teachers. 

WTio  are  qualified 131,141 

I'liqualilicd.  cannot  receive  public  money, 133 

Shall  kee]!  list  of  attendance, 148 

IMust  l)e  emi)loyed  by  trustee, ^36 

Must  verify  record, ^48 

3tay  be  required  to  assist  in  examination  of  libraiy, 210 

Certificates  granted  to,  by  Superintendent,  15 

Licenses  granted  to,  by  Superintendent, 16 

Certificates  may  be  annulled ■^''' f5 

Certificates,  by" school  commissioners'  forms, , 3~ 

Examinations  by  school  commissioners, ^'  3.1 

Rf'-exaniination  by  school  commissioners, ** 

Attendance  upon  institutes, j^ 

Contracts  with  trustees, J40 

l.enaldisMbiliticH > J42 

TunU-  of  proliibitert  relationships, |43 

Watres  of.  Iiow  paid, ^'J^ 

To  keep  list  of  pupils  and  their  attendance, 148 

Form  of  aflidavit  verifying  list, I'*-' 


Index.  519 

Teacher. 
[These  references  are  to  the  Digest. ^ 

PAGE. 

Where  a  teacher  is  improperly  dismissed,  he  is  entitled  lo  full  wages  for  the  period  named 
in  the  contract, 393 

Trustees  cannot  dismiss  a  teacher  on  the  ground  that  some  of  the  inhabitants  are  dis- 
satisfied with  him,  while  they  themselves  are  not  dissatisfied, 393 

Where  one  trustee  engages  a  teacher  to  teach  in  the  place  designated  by  a  district  meet- 
ing, and  the  other  two  engage  a  teacher  to  teach  in  a  place  selected  by  themselves, 
neitheris  a  legal  school, 394 

One  trustee  cannot  legally  engage  a  teacher  for  the  district,  neither  can  two  trustees 
legally  engage  a  teacher  to  teach  in  a  place  designated  by  themselves,  when  the  dis- 
trict have  selected  another  place, 394 

Every  contract  made  with  teachers  in  our  common  schools  necessarily  includes  the  con- 
dition that  the  agreement  cannot  be  binding  for  a  longer  period  than  teachers  may 
hold  certificates  of  qualification,  and,  on  the  annulling  of  their  certificates,  all  claim 
for  future  services  ceases, 394 

A  teacher  employed  under  a  contract  to  teach  by  the  month,  specified  as  twenty-six 
days,  is  entitled  to  dismiss  school  every  Saturday  afternoon,  or  each  alternate  Sat- 
urday, according  to  the  custom  of  the  country,  and  the  trustees  have  no  right  to  ' 
withhold  any  portion  of  the  amount  due  him  for  so  doing, 395 

A  teacher  can  only  be  employed  by  the  trustees.  Therefore,  a  vote  taken  at  a  dis- 
trict meeting  to  dismiss  a  teacher  and  substitute  another  in  her  place  is  illegal  and 
void 395 

Where  one  trustee  employs  a  teacher  without  consulting  with  his  associates,  and  his 
action  is  silently  acquiesced  in  until  the  expiration  of  the  term,  their  approval  of 
the  contract  will  be  implied,  and  they  shoidd  sign  an  order  for  the  public  money  for 
teachers' wages  when  applied  to, 396 

Where  two  trustees  employ  a  teacher  without  consulting  the  third,  the  contract  is  bind- 
ing only  upon  the  trustees  making  the  bargain,  unless  the  conduct  of  the  third 
trustee  is  such  that  his  acquiescence  may  fainy  be  inferred 396 

A  consultation  of  two  trustees,  without  the  presence  and  advice  of  the  third,  can  result 
in  notliinjj  which  can  be  regarded  as  the  action  of  the  board,  unless  the  third  has 
been  regularly  notified  and  fails  to  be  present 397 

The  vote  of  a  district  meeting  to  hire  a  certain  teacher  has  no  legal  binding  force  upon 
the  trustees,  even  though  they  may  have  agreed  to  abide  such  result, 397 

The  consent  of  three  trustees,  separately  given  to  hire  a  teacher,  does  not  make  a  legal 
contract, 397 

Two  of  the  trustees  cannot  hire  a  teacher  without  consultation  with  the  third, 398 

Where  a  teacher  has,  in  good  faith,  fulfilled  a  contract  to  teach,  entered  into  with  one 
trustee,  the  others  not  dissenting,  the  contract  will  be  enforced  without  regard  to 
irregularities  in  its  inception, 398 

Where  one  of  the  trustees  is  delei:ated  to  make  known  to  teachers  the  conditions  of 
engagement  to  teach,  he  acts  as  agent  for  the  wliole  board,  and  the  board  is  bound 
by  the  terms  of  agreement  as  stated  by  him  and  accepted  by  the  teachers 399 

Where  two  trustees,  in  the  temporary  absence  of  the  third,  hired  a  teacher,  held,  that 
the  contract  was  not  valid  for  a  longer  time  than  the  majority  of  the  trustees  saw  fit 
to  continue  the  services  of  the  teacher, 400 

A  contract  made  with  a  teacher  by  two  of  the  trustees,  without  consultation  with  the 
third,  may  be  confirmed  subsequently  by  taking  the  proper  legal  step, 400 

Where  an  outgoing  trustee,  in  answer  to  an  application  of  a  teacher  for  the  winter  school, 
says  that  if  he  nad  the  power  to  contract  he  would  hire  him,  it  is  not  a  contract,  even 
though  the  trustee  had  authority  to  hire, 400 

Under  certain  circumstances,  the  action  of  one  of  two  trustees  in  hiring  a  teacher  will  be 
sustained, 400 

Trustees  have  no  right  to  employ  teachers  related  to  them  within  two  degrees,  except 
by  consent  of  two-thirds  of  the  legal  voters  of  the  district 401 

The  approval  of  hiring  certain  relations  for  teachers  must  be  had  by  a  two-thirds  vote 
at  a  district  meeting, 401 

Trustees  of  union  free  schools  may  hire  teachers  related  to  them  within  two  degrees,..  401 

Uncles  and  cousins  of  any  person  are  not  related  to  him  in  the  second  degree, 401 

Trustees  cannot  offset  against  the  wages  of  a  teacher  a  note  of  his  which  they  or  either 
of  them  have  purchased 402 

If  ft  teacher  engages  to  teach  by  the  month,  the  legal  holidays  will  be  allowed  him. 
Three  months  from  December  5,  1804,  extend  to  and  include  March  4, 1805, 402 

The  word  "  month,"  in  law,  means  a  calendar  month  of  thirty  days 402 

Discharge  of  a  teacher  before  the  expiration  of  his  term — when  justifiable 402 

Where  a  teacher  leaves  a  school  voluntarily  before  the  close  of  the  term  for  which  she 
was  engaged,  even  at  the  request  of  the  trustees,  she  can  recover  wages  only  for 
the  time  actually  taught, 403 

Dismissal  of  a  teacher  before  the  expiration  of  his  term  of  engagement, 404 

Where  a  teacher  is  cngaiied  with  the  understanding  that  she  may  be  discharged  at  the 
end  of  one  month  if  her  teaching  is  unsatisfactory,  it  will  be  implied  that  the 
engagement  is  for  the  ordinary  term,  and,  if  no  dissatisfaction  is  expressed  at 
the  end  of  the  month,  she  cannot  be  discharged  subsequently  to  that  time, 404 


520  Index. 


PAQB. 

WTiere  a  teacher  after  teaching  throe  days  of  his  term  found  his  school-house  locked 
against  him,  and  without  applying  to  the  trustee  he  left  and  made  no  demand  for 
opportunity  to  continue  his  school  until  fifteen  days  afterward,  held^  that  he  had 
abandoned  the  contract  voluntarily, 405 

Difteronce  of  opinion  between  the  teacher  and  the  trustee  concerning  the  proper 
discipline  of  the  school  does  not  justify  the  removal  of  the  former  before  the 
expiration  of  his  term, 405 

Where  a  teacher  leaves  his  school  before  his  term  of  engagement  is  concluded,  because 
the  trustees  will  not  sustain  him  in  the  enforcement  of  reasonable  rules,  he  is 
entitled  to  wages  for  the  time  taught, 405 

A  teacher  who  closes  his  school  upon  otlier  than  legally  authorized  days  for  closing, 
without  the  consent  of  the  trustees,  abandons  his  contract  and  is  liable  to  be 
superseded, 406 

A  teacher  who  closes  his  school  for  any  time  other  than  the  legal  holidays  or  Saturdays 
allowed  him,  without  the  consent  of  the  trustees,  abandons  his  contract  and  forfeits 
the  balance  of  his  engagement, 406 

A  candidate  for  a  teacher's  certificate  should  be  examined  as  to  learning,  morals  and 
ability  to  teach 406 

When  a  candidate  is  refused  a  certificate  on  the  alleged  ground  of  "  feelings  of  dissatis- 
faction on  the  part  of  some  of  the  patrons  of  the  school,"  a  new  examination  will 
'   be  ordered 406 

The  infliction  upon  a  pupil  of  unnecessary  and  cruel  punishment  la  good  cause  for 
annulling  a  teacher's  certificate, 407 

The  dejjartment  will  annul  the  certificate  of  a  teacher  for  cruel  and  unreasonable 
discipline  in  the  government  of  a  school, 407 

A  teacher's  certificate  of  qualification  cannot  be  aniiuIlGd  without  giving  him  notice 
and  a  reasonable  opportunity,  if  he  desire,  to  appear  and  be  heard  in  defense, 408 

Refusal  to  anuul  teachers"  certificate  for  inflicting  proper  punishment,  409 

Annulment  of  a  teacher's  license  for  incompetence  known  to  the  commissoner  does  not 
require  legal  notice, 409 

A  teacher's  license  should  be  annulled  for  intemperance, 410 

A  commissioner  cannot  withhold  a  certificate  from  a  teacher  with  whose  character, 
learning  and  abilities  he  is  satisfied,  on  the  ground  that  said  teacher  is  employed  in 
a  district  against  the  feelings  or  prejudices  of  the  inhabitants, 410 

A  commissioner  is  justified  in  'withholding  a  certificate  from  a  teacher  where  evidences 
of  his  good  character  do  not  afhrmatively  appear 410 

A  teacher  who  goes  into  school  without  being  duly  qualified  according  to  law  violates 
his  contract,  and  the  same  is  not  renewed" by  his  obtaining  a  certificate  subsequently, 
unless  a  new  contract  is  made, 410 

Holders  of  State  certificates  are  not  exempted  from  examinations,  hy  school  commis- 
sioners or  city  superintendents,  in  the  places  where  they  seek  situations  as  teachers,  411 

Teachers'  institute  a  training  school  for  teachers.  Prominent  object,  organization,  tjov- 
ernment,  discipline  and  instruction  of  common  district  schools.  "Superintendent 
opposed  to  paying  large  sums  of  money  to  lecturers 411 

The  teacher  is  legally  responsible  for  the  safe  keeping  of  the  school  register,  and  if  it  is 
lost  or  stolen  through  his  carelessness  he  cannot  receive  any  payfor  his  services. 
But  if  he  can  make  oath  that  it  was  correctly  kept,  and  not  lost  or  stolen  by  any 
fault  of  his,  the  trustees  may  give  him  an  order  upon  the  supervisor  for  his  wages,  411 

Town  superintendents  (supervisors)  can  use  no  discretion  in  the  matter  of  paying  over 
public  money  on  the  order  of  the  trustees, 412 

Examination  of.and  certificate, .' 446 

Annulling  certificate, 446 

Dismissal  of,  by  trustees 446 

Certificate  does  not  exempt  teacher  from  examination, 430 

Teachers'  Institutes. 

Attendance  hy  teachers 44,  223 

Expenses  of,  how  paid, 227 

Tenant. 

"WTion  liable  for  tax 184 

When  he  may  charL'e  the  owner, 185 

Persons  working  lands  on  shares,  how  taxaljle, 184 

Persons  working  land  as  agents  or  servants, 185 

Terms  op  Office. 

Of  State  Snnerintendent, 1 

Of  district  (Iftlcers 125 

Of  school  commissioners, , 19 

Titles  op  School  Acts. 
List  of, 454  to  4S!> 


Index,  621 

Town  Clerk. 

PAGE. 

DntieBof, ••    72 

Pay  for  services  in  altering  districts 88 

Towns. 
May  raise  school  tax, 492 

Treasurer. 

County,  shall  pav  to  collector  a  sum  equal  to  taxfis  returned  as  unpaid 189 

Of  union  tree  school  district!",  to  have  custody  of  mouej's, 2*J 

TEEAsmsER  (op  State). 

How  to  transfer  school  moneys  raised  by  tax, 41 

Way  borrow  money  to  meet  deficiencies  in  school  tax, 43 

Truant  Children. 
Act  to  provide  for  care  of, 261 

Trustees. 

Who  may  not  hold  the  office, lOS,  125 

Districts  to  elect  one  or  three, 104,10*1,126 

Vacancie;:'  in  office  of,  how  filled,.  ..   127 

Vacate  oflice,  how, 127 

May  fill  vacancies  in  certain  district  oflices, 127 

Mav  admit  non-resident  pupils, 131 

Pro'hibited  from  employing  unqualified  teachers, 133 

General  powers  and  duties  of, 134 

To  have  custody  of  library 202 

Liability  for  books  lost  or  injured 203 

To  levy  tax  to  build  house  in  place  of  one  condemned, 23 

Consent  to  alteration  of  district,  83 

ProceedinLTS  where  trustees  dissent  from  alteration  of  school  districts 84-88 

Sale  of  site  and  conveyance  by, 123 

Moneys  from  sale  of  site,  how  applied, 124 

Cannot  be  collector,  clerk  or  librarian, 12.5 

Must  be  resident  and  qualified  voter, 12.5 

Form  a  board  and  must  act  as  such, lAi 

Meetings  of  board, 134 

Powers'in  case  of  vacancies 13^1 

To  render  yearly  account  to  district, 150 

To  call  special  meetings, 13.") 

Xotice  of  meetinirs  in  absence  of  clerk, 135 

To  make  out  tax  list  and  warrant, 130 

To  purchase  site  and  build  school-house, 136,  liS 

To  insure  school-house  and  library,..  .J  136 

To  employ  teachers, ._ 136 

To  (Iivide"public  money  in  two  or  more  portions 137 

To  draw  order  on  supervisor  for  teachers'  wages, 137 

To  Collect  residue  by  tax 137 

Care  and  custody  of  school-houses, 139, 14S 

Repairs  of  school-houses,  : 146 

Hiring  temporary  school  rooms, 146 

May  provide  certain  things  without  vote  of  district, 146 

Trustees  to  furnish  blank  books, 14^1 

Inventory  to  be  kept  by 149 

To  pay  unexpended  moneys  to  successors, ISO 

Penalties  for  refusal  or  neglect, 150 

When  to  sue  predecessors  in  office, l-'il 

When  to  make  annual  report  to  school  commissioner, :■  ■  ^^^ 

Annual  report,  what  to  contain «. 151,  152 

Directions  for  making  annual  reports 153.  1.56 

Directions  for  levying  taxes  by  tax  list  and  warrant, ^?^'"*^ 

Valuations  of  property,  how  ascertained 1T8-1S1 

Certificate  on  collector's  return  of  unpaid  taxes, ISO 

Unpaid  taxes  to  be  paid  to  trustees  by  county  treasurer, lf*9 

Collector's  warrant  ma v  be  renewed  by 19.2 

When  to  sue  for  unpaid  taxes, 19-5 

Renewal  of  collector's  warrant, 195 

Amendment  of  erroneous  fax  list, ••     196 

Pay  teachers  bv  drawing  orders  for  mone^ 144,  197 

Suit  against  collectors  for  forfeitures,... 198 

66 


622  Index. 

PAGE. 

Report  concerning  district  library, 210 

Wages  of  teachers  attending  institutes. 226 

Costs  and  expenses  in  suits  and  appeals, 105,  236,  238 

Tkustbeb. 

[These  references  are  to  the  Digest.'] 

An  arbitration  between  the  trustees  of  a  school  district  and  a  person  having  a  claim 
against  it  is  proper  and  legal,  and  the  award  binding  on  the  parties, 413 

A  school  district  cannot,  by  vote,  authorize  trustees  to  borrow  money  on  its  credit.  If 
the  trustees  advance  money  to  purchase  a  librai-y,  they  may  repay  themselves  out  of 
money  voted  by  tax  for  that  purpose,  or  received  from  the  State,  but  they  cannot 
charge  interest, 413 

Trustees  are  not  empowered  to  receive  a  note  in  payment  of  a  tax  imposed  by  them, 
and  cannot  maintain  an  action  to  enforce  payment, 413 

When  costs  have  been  incurred  against  district  officers  in  suits  by  or  against  them  in 
the  discharge  of  their  official  duties,  a  majority  of  the  voters  of  a  district  may  allow 
the  amount,  and  the  trustees  assess  the  same  by  tax, 413 

The  inhabitants  of  a  school  district  have  no  power  to  direct  the  trustees  to  levy  a  tax 
to  pay  the  expenses  of  an  arbitration  in  settling  difficulties  in  a  district, 413 

Inhabitants  have  no  right  to  re-elect,  against  his  will,  a  person  whose  resignation  has 
been  accepted 413 

The  acts  of  trustees,  de  facto,  holding  office  under  color  of  an  election,  subsequently 
declared  void  and  set  aside,  are  valid  and  binding  upon  their  successors 413 

Trustees  have  no  lien  on  moneys  belonging  to  the  district,  for  expenses  incurred  by 
them  in  its  behalf, 414 

If  they  have  been  directed  by  the  district  to  act,  they  can  indemnify  themselves  by  levy- 
ing a  tax  without  a  vote  of  the  district  for  that  purpose, 414 

Trustees  of  a  school  district  have  the  sole  power  of  making  contracts  relating  to  their 
districts,  and  of  accepting  the  work  performed  under  them, 414 

When  a  trustee  is  absent  from  a  district,  so  as  to  be  unable  to  act  with  his  associates, 
the  town  superintendent  (supervisor),  on  the  application  of  the  other  trustees,  will 
appoint  a  successor, 414 

Trustees  cannot  retain  moneys  in  their  hands  to  compensate  them  for  services  which 
they  may  have  rendered  as  trustees, 415 

The  drawing  of  an  order  for  public  money  is  a  ministerial  act,  which  does  not  neces- 
sarily require  the  presence  of  the  entire  board  of  trustees, 415 

It  is  the  duty  of  the  trustees  to  employ  a  competent  teacher,  and  have  a  school  in  their 
district  at  least  six  months  (28  weeks)  in  a  year, 416 

Trustees  should  not  be  teachers, , 416 

The  trustees  should  call  district  meetings  when  requested  to  do  so  by  a  respectable 
number  of  inhabitants  for  a  legitimate  object, 416 

The  official  acts  of  two  tnistees,  performed  without  notifying  or  consulting  the  other, 
are  illegal  and  void, 416 

When  a  trustee  is  unable  to  discharge  his  duty  as  such  trustee,  by  reason  of  imprison- 
ment, the  town  superintendent  (supervisor)  may  appoint  his  successor  after  the 
expiration  of  thirty  days  from  the  time  of  such  imprisonment, 417 

Trustees  have  the  power  to  call  special  district  meetings  whenever  they  shall  deem  it 
necessary  and  proper,  even  though  a  meeting  for'the  same  purpose  stands  adjourned 
for  a  period  more  or  less  remote, 417 

"X  district  meeting  may  prescribe  the  terms  of  a  contract  for  building  a  school-house,. . .  418 

The  trustees  of  a  district  are  the  only  legal  authority  by  which  the  vote  of  a  district  can 
be  carried  into  execution, 418 

Where  a  building  committee,  in  concert  with  the  trustees,  are  invested  with  discre- 
tionary power,  by  resolution  of  a  district,  and  have  entered  upon  the  execution  of 
their  trust,  by  making  contracts  for  materials,  etc.,  the  district  cannot  control  or 
interfere  with  their  plans, 410 

The  election  of  a  trustee  at  an  adjourned  meeting  valid, 419 

If  a  trustee  renders  his  annual  account  to  an  adjourned  annual  meeting,  he  will  not  be 
removed  becauee  it  is  unsatisfactory 419 

The  Superintendent  has  power  to  remove  a  trustee  from  office,  for  corruption  or  inten- 
tional neglect  of  official  duties,  or  for  willful  disobedience  of  the  orders  of  the 
department 420 

The  State  Superintendent  will,  on  proper  application,  remove  a  trustee  for  unwarrant- 
able neglect  of  official  duty 420 

When  a  town  superintendent  (supervisor)  connives  with  a  trustee  to  procure  his  resig- 
nation, and  conceals  it  from  the  district,  so  that  the  inhabitants  cannot  elect  a 
successor  within  thirty  davs  after  the  resignation,  and  the  town  superintendent 
then  makes  the  api)ointment,  the  department  will  set  the  appointment  aside  and 
order  a  new  election, 421 

A  trustee  will  be  removed  from  office  where  it  appears  that  he  persistently  refuses  to 
assist  his  associat(^s  in  making  out  a  tax  list  ordered  by  a  district  meeting, 422 

What  will  justify  the  removal  of  trustees,  . .    422 

A  trustee  will  not  be  removed  for  refusing  to  concur  with  his  associates  in  their  policy 
in  the  muuugemeut  of  district  afiaird,  nor  for  supporting  a  private  school, 423 


X 

Index.  523 

PAOB, 

Petition  for  tlie  removal  of  a  trustee  for  not  agreeing  with  his  associates,  and  for  using 

rude  and  tincourteous  language  toward  them,  denied, .-.  423 

Petition  for  the  removal  of  a  trustee  for  not  agreeing  with  his  associates,  and  for  not 

being  a  suitable  person  for  the  office,  denied, 423 

A  trustee  will  not  be  removed  because  he  ditlers  from  his  associates  in  opinion, 423 

Where  the  trustees  contracted  with  a  man  to  build  a  school-house,  and  afterward  con- 
tracted with  another,  who  built  the  hou^e ;  held,  that  the  remedy  of  the  first  con- 
tractor is  at  law,  and  not  on  an  ai)peal  to  this  department, 423 

Trustees  will  not  be  required  to  let  the  building  of  a  school-house  to  the  lowest  bidder, 

unless  so  instructed  by  a  vote  of  tlie  iuliabitants 434 

Trustees  may  employ  a  person  to  do  the  merely  clerical  work  of  computing  and  writing 
out  the  tax  list,  they  making  the  comparisons  with  the  assessment  roll,  and  fixing 

valuations  of  property  not  oil  the  roll 424 

Where  the  action  of  trustees  is  appealed  from  on  the  grounds  of  illegality,  the  illegality 
must  be  proved  as  alleged.    Until  it  is,  the  action  of  the  trustees  will  be  presumed 

to  have  been  legal 424 

A  trustee  cannot  be  permitted  to  avail  himself  of  his  oificial  position  to  adjust  the 

amount  of  compensation  for  fuel  furnislied  by  him  to  the  district 424 

A  general  vote  of  a  meeting  in  favor  of  a  peaceful  adjustment  of  protracted  controver- 
sies and  lawsuits  does  not  confer  upon  the  trustees  power  to  levy  a  tax  for  the  pur- 
pose of  paj'ing  any  and  all  claims  that  may  have  arisen  in  consequence  of  such 

controversies,.. 425 

An  agreement  in  writing  between  a  trustee  and  a  contractor  to  build  a  school-house 

niust  have  an  internal  revenue  stamp  affixed  in  order  to  be  valid, 423 

A  person  elected  as  a  librarian  of  a  school  district  cannot  be  displaced  except  by  a 
direct  procedure  on  the  part  of  some  competent  legal  authority,  on  information  in 
tlie  nature  of  quo  ivarranto,  or  on  appeal  from  the  election,  even  though  the  incum- 
bent be  an  infant, 425 

Not  liable  for  clerk's  fraud, '140 

Neglect  to  serve,      445 

Neglect  to  account, 443 

Power  to  remove  encroachment,    445 

Power  to  contract, 4-J5 

Liability  to  teacher, 445 

('osts  against, 446 

Officiarcharacter,  how  established, 447 

Implied  power  to  sue 418 

Implied  liability  to  be  sued, 449 

Taxable  for  property  held  in  trust, 44!l 

Powers  of  trustees  as  to  vacancies, 450 

Powers  of  trustees  as  to  teachers, 450 

Trusts  pon  Benefit  of  Common  Schools. 
By  whom  and  to  whom  may  be  made, 48 


u. 

Union  School  Districts. 
[These  references  are  to  the  Digest. '\ 

Trustees  have  no  right  to  refuse  to  call  a  special  meeting  for  the  purpose  of  considering 
.he  question  of  organizing  a  union  free  school,  when  requested  by  fifteen  legal  voters 
of  the  district  to  call  such  meeting, 420 

The  notice  of  a  meeting  to  organize  a  union  free  school  need  not  recite  the  names  of 
the  petitioners 42G 

If  the  notice  contain  irrelevant  matter,  it  will  be  regarded  as  surplusage, 426 

The  notice  of  a  meeting  to  form  a  union  free  school  district  must  state  the  qual ideations 
of  voters,  as  required  by  law, 427 

The  trustees  of  a  union  free  school  district  must  be  elected  by  ballot 427 

A  meeting,  though  duly  called,  cannot  acquire  jurisdiction  of  the  question  of  forming  a 
union  free  school,  when  less  than  one-third  of  the  legal  voters  of  the  district  are 
present, 42S 

Where  less  than  one-third  of  the  voters  of  the  district  is  present  at  a  special  meeting, 
the  meeting  cannot  take  action  in  the  matter  of  organizing  a  union  free  school 423 

In  a  meeting  called  to  organize  a  union  free  school  district,  it  requires  an  affirmative 
vote  of  two-thirds  of  those  present  and  voting  in  order  to  establish  such  district.. . .  423 

The  trustees  of  a  union  free  school  district  are  the  legal  suc(-essors  of  the  trustees  of 
the  several  districts  consolidated,  and,  of  course,  are  entitled  to  receive  the  several 
moneys  apportioned  on  account  of  those  districts 420 

A  "  union  free  school  district"  is  not  entitled  to  elect  a  district  clerk  in  addition  to  the 
board  of  education, 429 


f 

524  Index. 

PAGE. 

A  union  free  school  district  which  has  once  deterinineci  npon  the  nnmber  of  trustees 
constituting  the  board  of  education  has  no  power  to  increase  or  dimmish  the  num- 
ber,   ". 429 

In  union  free  school  districts,  the  cleric  of  the  board  is  the  district  clerk,  and  as  such  is 
the  proper  person  to  give  notice  of  special  meetings  of  the  voters, 439 

The  board  of  education  of  a  union  free  school  must  make  to  the  school  commissioner 
the  same  kind  of  a  report  as  is  required  of  trustees, 429 

Board  of  education  of  union  free  uchool  districts  can  at  any  time  appoint  a  new  treasu- 
rer or  collector, 429 

Treasurer  and  collector  of  union  free  school  district  cannot  he  a  memlDer  of  board  of 
education, 429 

Union  free  school  districts  not  limited  in  the  amount  they  can  raise  for  the  building  of 
school-houses,  nor  need  they  obtain  consent  of  supervisor  where  more  than  $1,000 
is  to  be  raised  for  that  purpose 430 

Board  of  education  of  union  free  school  districts  has  no  power  to  levy  a  tax  for  pay- 
ment of  teacher's  wages,  without  vote  of  district  authorizing  it,  except  an  estimate 
of  needful  amount  for  this  purpose  lias  been  presented  by  the  board  at  some  annual 
or  special  meeting,  and  inhabitants  neglected  or  refused  to  vote  said  tax .'  430 

Boards  of  education  of  union  free  school  districts  have  no  power  to  fix  a  different  time 
for  annual  meetings  than  what  the  law  has  appointed.  Meetings  held  on  other 
days  Illegal 430 

A  vivcl  voce  vote  to  raise  a  tax  for  building  in  a  union  free  school  district  is  legal  and 
binding  upon  inhabitants.  Union  free  school  districts  may  raise  any  necessary  sum 
for  building  without  consent  of  supervisors.  New  building  must  be  erected  upon 
site  now  owned  and  occupied  by  district,  unless  inhabitants  direct  otherwise. 
Board  must  not  sell  or  tear  dowa  old  house  without  consent  of  inhabitants,  nor 
must  they  fence  school  lot,  or  supply  house  with  school  furniture,  without  direc- 
tions from  inhabitants, 430 

A  pupil  may  be  expelled  from  the  school  by  order  of  the  Isoard  of  education  for  immoral 
conduct  or  persistent  disobedience 431 

The  board  has  the  right  to  prescribe  the  course  of  study  and  the  text  books, 431 

The  board  has  the  further  right  to  require  regular  and  prompt  attendance  on  the  part 
of  the  pupils, 4.31 

Free  school  districts  cannot  return  to  the  old  system, 431 

Board  of  education  of  a  union  free  school  district  cannot  appoint  as  treasurer  or 
collector  a  person  who  is  not  a  taxable  inhabitant  of  the  district;  but  if  the  one 
appointed  collector  possesses  personal  property  valued  at  fifty  dollars,  exclusive 
of  such  as  is  by  law  exempt  from  levy  and  sale  on  execution,  he  is  a  taxable 
inhabitant 431 

The  trustees  of  a  union  free  school  district  elected  at  the  first  meeting  enter  upon  their 
office  forthwith,  and  hold  office  until  one,  two  or  three  years  from  the  second 
Tuesday  of  October  coincident  with  or  following  their  election, 431 

Union  Fkee  School  Districts. 

Formation  of, 211 

Election  of  trustees, 214 

Treasurer  and  collector  of, 21f) 

Corporate  authorities  to  levy  tax  for, 217 

Powers  of  meetings  in, 218,  219 

No  rate  bills  in 21!) 

Board  of  education,  powers  of,    219 

Manner  of  levying  taxes  in, 221 

Treasurers  to  have  custody  of  moneys, 222 

Payment  and  disbursement  of  moneys  in 222 

Academical  department, 223 

Reports  from 223 

Removal  of  officers  of, 224 

Contingent  expenses,  how  decided, 221 

University,  Regents  of 
Title  of  acts  incorporating, .' 487 

U.  S.  Deposit  Fund. 

How  apportioned 43 

Revenue  of,  how  first  appropriated, 4tJ4 

Education  of  common  school  teachers, 4I'A 

V.  ' 

Vacancy. 

[  T7iese  rcfercncef;  are  to  the  Digest^ 

A  person  elected  at  the  same  time  clerk  and  trustee,  and  accei)ting  the  office  of  trustee, 
vacates  the  clerkship,  and  a  new  clerk  must  be  elected  or  appointed  in  his  place,. ..  432 


Index.  525. 

PAGB. 

A  tmstee  cannot  bf>  librarian, 433 

District,  otiiccrs  cease  to  be  sucli  when  set  oft'  from  an  old  district  to  a  new  one 433 

Where  a  town  superintendent  (siii)ervisor)  decides  that  a  vacancy  exists  in  the  ofhce  of 
trustee,  he  should  wait  one  mouth  after  announcing  his  decision  before  assuming  to 

till  the  vacancy 432 

A  member  of«a  board  of  education  elected  to  and  accepting  the  oflico  of  supervisor 
vacates  his  office  as  member  of  such  board.    The  remaining  members  of  the  board 

have  power  to  fill  the  vacancy  until  the  next  annual  meeting, 432 

A  Iciral  appointment  by  the  supervisor,  of  a  trustee  to  fill  a  vacancy,  cannot  be  set 

aside  by  the  department,  nor  be  superseded  by  an  election, 433 

Appoiutuient  of  trustee  by  supervisor  to  lill  vacancy  is  not  for  the  balance  of  unexpired 

term,  l)ut  only  till  next  annual  meeting, 433 

An  incapacity  existing  at  the  lime  of  the  election  of  trustees,  which  the  voters  liave 
disregarded,  must  be  judicially  declared  by  this  department,  before  a  vacancy  is 

created  that  will  authorize  a  new  election, 433 

Election  to  till 44.5 

Powers  of  trustees  to  fill, 450 

Vacancies,  now  filled 

In  district  onices 127,  134 

In  office  of  school  commissioner, 20 

Office  of  State  Superintendent, 1 

Vagrant  Children. 
Act  to  provide  for, 264 

Valuation  op  Property. 

How  ascertained, 178 

Reduction  in, 180 

Van  Dtck,  H.  H. 
Superintendent  of  Public  Instruction, 3 


Visitors, 
Of  common  schools, ,.. 14 

Voters. 

Qualiflcations  of, 98 

Challenge  of, 103 

Illegal  voting,  penalty  for, 103 

Voters. 
[These  references  are  to  (he  Digest.'] 

In  an  appeal  to  sot  aside  the  proceedings  of  a  meeting  on  account  of  illegal  voting,  it 
it  is  not  enough  to  alleije  that  a  man  was  not  a  legal  voter.  The  specific  grounds 
of  disqualification  should  be  set  forth "^ 433 

An  election  will  not  be  set  aside  because  of  illegal  votes  when  they  do  not  aflfect  the 
result 4.^3 

Proceedings  carried  by  illegal  votes  will  be  set  aside  on  appeal, 434 

An  alien  who  is  a  legal  voter  may  hold  office  in  a  school  district 434 

In  electing  trustees,'the  form  of  the  ballot  is  not  material,  if  it  unmistakably  express 
the  voter's  preference, 434 

Qualiflcations  necessary  to  entitle  aliens  to  vote  at  district  meetings,         434 

A  chairman  of  a  school  district  meeting  is  entitled  to  a  vote  upon  all  questions  involv- 
ing the  levying  of  a  tax, 435 

Who  are  legal  voters  at  district  meetings,  and  what  vote  is  necessary  to  raise  tax  by 
installments, 435 

An  alien,  thougli  he  has  taken  the  incipient  measures  to  be  naturalized,  is  not  qualified 
to  vote  at  a  school  district  meeting  in  the  district  where  he  resides,  unless  an 
affidavit  of  that  fact  be  filed  and  recorded  in  the  office  of  the  Secretary  of  State,  . ..  436 

The  right  to  vote  at  a  school  dis'rict  meeting  does  not  depend  upon  the  fact  that  the 
person  oft'ering  to  vote  has  been  actually  taxed,  but  rather  upon  his  liability  to  taxa- 
tion, .   ". 437 

Amotion  to  reconsider  a  vote  of  a  district  meeting  maybe  made  by  a  person  voting 
with  the  minority,  unless  the  meeting  have  a  ditl'erent  rule, 437 

Right  of  inhabitant  to  vote!  at  school  district  meeting  depends  not  on  his  being  taxed, 
but  on  his  liability  to  be  taxed 437 

The  fact  that  a  man  hires  a  house  by  the  month  or  by  the  week,  and  pays  the  rent  by  his 
labor,  and  not  in  casli,  does  not  cliange  or  take  away  his  right  to  vote  at  school 
meetings.  The  rent  of  the  house  forms  a  part  of  the  consideration  paid  for  his 
labor, 438 


526  Index. 

PAGE. 

Chairman  of  board  of  education  may  vote 433 

A  husband  cannot  vote  at  disti-ict  meeting  because  his  wife  owns  real  estate.    He  must 
have  personal  property  of  his  own  above  the  value  of  $50,  and  possess  all  other 

necessary  legal  qualifications, 438 

A  negro  of  full  age  residing  in  a  district,  and  owning  or  hiring  real  estate  therein,  is 
entitled  to  vote  at  school  district  meetings,  even  though  he  has  not  rbal  estate 

assessed  at  $250, 439 

Deserters  are  not  by  law  disqualified  to  vote  at  district  meetings, 4.39 

Qualifications  of  certain  ofhce  holders 439 

Moderator  of  a  school  meeting  may  vote, 439 

Duty  of  moderator,  when  vote  is  challenged,  to  find  if  person  offering  it  is  a  legal  voter,  439 
The  law  does  not  declare  the  quantity  of  real  estate  necessary  to  entitle  a  man  to  vote 

at  district  meetings, 439 

When  the  trustees  have  neglected  to  raise  a  tax  voted,  a  new  vote  may  be  taken, 441 


w. 

Waerant. 

For  collection  of  tax,  form  of, 169 

May  be  executed  where , 191 

May  be  renewed  once  by  trustees, 195 

Time  for  execution. of, 138 

Dow  signed, 191 

Renewed  warrant  is  a  new  warrant,. .   195 

Second  renewal  by  consent  of  supervisor, 196 

Power  to  sell  expires  with  the  day  limited  for  its  return, 198 

"Warrant. 
\_ThcM  references  are  to  the  Digest. 1 

How  to  be  executed 444,  450 

Signature  to  warrant, 444 

Renewal  of, 444,  450,  451 

Liability  of  collector 444 

When  protected  by  warrant, 447 

Exempt  property, 448 

Tardy  execution, 448 

Seal  afllxed  to  warrant, 450 

How  far  a  protection, 451 


Y. 

Yates,  J.  V.  N. 
Secretary  of  State  and  Superintendent  of  Common  Schools, 3 

Year. 

School  year, 44 

Official  year, 126 

Young,  Samitel 
Secretary  of  State  and  Superintendent  of  Common  Schools, S 


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i 


CHAPTER  746. 


AN    ACT 


TO  AMEND  AN  ACT  ENTITLED  ^'AN  ACT  TO  REVISE 
AND  CONSOLIDATE  THE  GENERAL  ACT  RELATING 
TO  PUBLIC  INSTRUCTION,"  PASSED  MAY  SECOND, 
EIGHTEEN  HUNDRED  AND  SIXTY-FOUR. 

Passed  April  26, 1871 ;  three-fifths  being  present. 

The  People  of  tlie  State  of  New  YorJc,  represented 
in  Senate  and  Assembly,  do  enact  as  follows  : 

Section  1.  Section  nine  of  title  thirteen  of  the  act 
entitled  "An  act  to  revise  and  consolidate  the  general 
act  relating  to  public  instruction,"  passed  May  sec- 
ond, eighteen  hundred  and  sixty-four,  is  hereby 
amended  so  as  to  read  as  follows : 

§  9.  Whenever  an  officer  or  officers  mentioned  in 
the  last  preceding  section  of  this  act  shall  have  com- 
plied with  the  provisions  of  said  section,  and  the  in- 
habitants shall  have  refused  to  direct  the  trustees  to 
levy  a  tax  for  the  payment  of  the  costs,  charges  and 
expenses  therein  mentioned,  it  shall  ])e  lawful  for  him 
or  them  then  and  there  to  give  notice,  orally  and 
publicly,  that  he  will  appeal  to  the  count}^  j'^^gs 
of  the  county,  and  in  case  of  his  disability  to 
act  in  the  matter  by  reason  of  being  disquali- 
fied or  otherwise,  then  to  the  district  attorney 
of  the  county  in  which  the  school-house  of  said 
district  is  located,  from  the  refusal  of  said  meet- 
ing to  vote  a  tax  for  the  paj^ment  of  said  claim  ;  and 
the  inhabitants  may  then  and  there,  or  at  any  sub- 
sequent district  meeting,  appoint  one  or  more  of  the 
inhabitants  of  the  district  to  protect  the  rights  and 
interests  of  the  disti-ict  upon  said  appeal ;  and  the 


officer  or  officers  before  mentioned  shall  there- 
upon, within  ten  days,  serve  upon  the  clerk  of 
said  district  (or  if  there  be  no  such  clerk,  upon  the 
town  clerk  of  the  town)  a  copy  of  the  aforesaid 
account  so  sworn  to,  together  with  a  notice,  in  writ- 
ing, that  on  a  certain  day  therein  specified  he  or 
they  intend  to  present  such  account  to  the  county 
judge  or  to  the  district  attorney,  as  the  case  may  be, 
for  settlement.  And  the  clerk  shall  record  such 
notice,  together  with  the  copy  of  the  account,  and  the 
same  shall  be  subject  to  the  inspection  of  the  inhab- 
itants of  the  district.  And  it  shall  be  the  duty  of 
the  person  or  persons  appointed  by  any  district 
meeting  for  that  purpose  to  appear  before  the  county 
judge  or  the  district  attorney,  as  the  case  may  be, 
on  the  day  mentioned  in  the  notice  aforesaid,  and  to 
protect  the  rights  of  the  district  upon  such  settle- 
ment ;  and  the  expenses  incurred  by  them  in  the 
performance  of  this  duty  shall  be  a  charge  upon  said 
district,  and  the  trustees,  upon  presentation  of  the 
account  of  such  expenses,  with  the  proper  voucher 
therefor,  may  levy  a  tax  therefor,  or  add  the  same 
to  any  other  tax  to  be  levied  by  them ;  and  their 
refusal  to  levy  said  tax  for  the  payment  of  said  ex- 
penses shall  be  subject  to  an  appeal  to  the  superin- 
tendent of  public  instruction. 

§  2.  Section  ten  of  title  thirteen  of  said  act  is 
hereby  amended  so  as  to  read  as  follows  : 

§  10.  Upon  the  appearance  of  the  parties,  or  upon 
due  proof  of  service  of  the  notice  and  copy  of  the 
account,  the  county  judge  or  district  attorney,  as  the 
case  may  be,  shall  examine  into  the  matter,  and  hear 
the  proofs  and  allegations  propounded  by  the  par- 
ties, and  decide  by  order  whether  or  not  the  account, 
or  any  and  what  ]>ortion  thereof,  ought  justly  to  be 
cliargt'd  upon  the  district,  and  his  decision  shall  be 
final  ;  but  no  ])ortion  of  such  account  sliall  be  so 
ordei-ed  to  be  paid  which  shall  appear  to  the  county 
judge  or  to  tho  distri(;t  attorney,  as  tlu^  cas(3  may  be, 
to  have  arisen  from  the  willful  neglect  or  misconduct 
of  the  claimant.     Tlio  account,  with  the  oath  of  the 


party  cjaiming  tlie  same,  sliall  be  prima  facie  evi- 
dence of  the  correctness  thereof.  The  county  judge 
or  district  attorney,  as  tlie  case  may  be,  may  adjourn 
the  hearing  from  time  to  time  as  justice  shall  seem 
to  require. 

§  3.  This  act  shall  take  effect  immediately. 


■  LOS  ANGELES 
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